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Andras Pap

Eötvös Loránd University, Media and Communications, Faculty Member

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András L. Pap (JD, M.Phil., Ph.D., Habil., D.Sc.) is Research Chair and Head of Department for the Study of Constitutionalism and the Rule of Law at the Hungarian Academy of Sciences Institute Centre for Social Sciences Institute for Legal Studies, a Professor of Constitutional Law at the Law Enforcement Faculty of the National University of Public Service, as well as Recurrent Visiting (Adjunct) Professor at Central European University’s Nationalism Studies Program. Currently he is on leave from Eötvös University (ELTE) Institute of Business Economics. He is a member of several editorial boards, has given over 90 presentations at international academic conferences. He has taught over 60 different courses, 20 in English. He published six books and 6 textbooks and over 250 articles. His research interests include constitutional law, human rights, minority rights and law enforcement issues, surveillance, privacy and challenges brought by the new digital technology. Email: [email protected]
Address: Hungary

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Papers by Andras Pap

Jewish by Law: Legislative Operationalizing of Race and Ethnicity in Holocaust-Era Hungary

Nationalities papers, Sep 14, 2023

Framed within discussions on how law operationalizes race and ethnicity, the authors provide a de... more

The missing arc of a backlash? Thirty years of constitutional debate on ‘women’s equality’ in Hungary

Intersections

The argumentation in this paper is based on the proposition that constitutions play a key role in... more The argumentation in this paper is based on the proposition that constitutions play a key role in defining the approach to women’s social status, not just by determining ordinary legislation and public policy, but also through constitutional review. The focus is on Hungary, a country that is not famous in Europe for a high level of equality between men and women, surrounded by a (liberal) international political discourse which asserts a backlash and claims that women’s equal rights are being curtailed even more during the era of Orbán’s illiberal government. Against this discursive backdrop, the paper highlights a counterintuitive phenomenon: since the democratic transition (1989–1990) all the key constitutional disputes related to equality between the sexes have been initiated by men claiming instances of discrimination against men, as if women were too privileged in Hungary. A relevant contextual feature is that while equal legal standing for the sexes is guaranteed (due partly t...

The Ratification Status of the Council of Europe's Istanbul Convention Among EU Member States

MTA Társadalomtudományi Kutatóközpont, 2020

has been signed by all EU member states, but still has not been ratified by seven of them. Amongs... more

Balogh Lídia * a "Szabadság Kontra Méltóság"-Vita És a Kisebbségek Médiareprezentációja

A tanulmány témája egy több színtéren-az akadémiai világban és az emberi jogi aktiviz-mus terület... more A tanulmány témája egy több színtéren-az akadémiai világban és az emberi jogi aktiviz-mus területén-zajló, tágabb vitához kapcsolódik, amely a "szabadság kontra méltóság" címkével azonosítható. A szerző elsősorban az emberi méltóság és a médiaszabadság-mely utóbbi általában a véleményszabadság egy speciális válfajaként konceptualizálódik-közötti konfliktusra összpontosítva vizsgálja a problémát; a tágabb nemzetközi kontex-tus felől halad-az európai fejleményeknél részletesebben időzve-, végül a magyaror-szági helyzet tanulmányozására helyezi a fókuszt. Ez utóbbi mozzanat mögött az indíté-kot egy jelentős hazai társadalmi probléma jelenti: nevezetesen a legnagyobb lélekszámú etnika kisebbségi csoport, a roma közösség társadalmi kirekesztése, amiben a feltételezé-sek szerint nem elhanyagolható szerepet játszik a romák szembeszökően negatív média-reprezentációja. A szerző álláspontja szerint ez a probléma-tekintettel a kirekesztés magas társadalmi költségeire-kétségkívül orvo...

Causes and explanations

Democratic Decline in Hungary

Illiberális (kollektivista és paternalista) vonások a Nemzeti Együttműködés Rendszerének személyiségképében

2cd6fa8da5c4_story.html, The 'Illiberal' Idea Rises. Hungary's leader issues a warning to a compl... more

Democratic Decline in Hungary

Constitutional identity? The Hungarian model of illiberal democracy

Palgrave Macmillan eBooks, 2016

By connecting to ongoing scholarly discussions on conceptualizing "illiberal democracy" and analy... more By connecting to ongoing scholarly discussions on conceptualizing "illiberal democracy" and analyzing the phenomenon of anti-democratic backlash in post-2010 Hungary, this chapter seeks to provide a description and an analysis of the "Hungarian model of illiberal democracy". Throughout this text, "illiberal" is understood as a privative prefix, referring to a constitutional and political condition that creates a unique middle ground between a constitutional democracy and an autocracy. It is argued that that the "Hungarian illiberal democracy" is neither a construct of constitutional philosophy, nor is it a principle for constitutional design, nor is it characteristically illiberal within the interpretative framework of political theory. Rather, it is a tool to channel, define and dominate general political discourse and to provide a discursive framework for political identification and ideologically biased, yet divergent and ad hoc legislation. It is argued that "illiberalism" is actually a form of constitutional identity, the discursive framework of this new political community that the Orbán-regime claims to have established. The morphosis of this Hungarian model for illiberal democracy manifests itself normatively through value preferences expressed in the new constitution, as well as in a quasi-normative political declaration that serves as a manifesto for the new political community it envisages. Terminology and conceptualization In his seminal essay in which he argues that liberalism, either as a conception of political liberty or as a doctrine about economic policy, does not necessarily coincide with democracy, Fareed Zakaria (1997) defines liberal democracy as a political system marked not only by free and fair elections, but also by rule of law, separation of powers, and the protections of basic liberties of speech, assembly, religion, and property. Scholarly discussion on definitions has burgeoned in the past years. As Rupnik and Zielonka (2013) and Collier and Levitsky (1997) argue, authors often qualify the term democracy by adding adjectives such as liberal (or illiberal), deliberative, representative, participatory, delegative, façade, direct (or indirect), electoral, hybrid, Western, Islamic, managed (Anderson 2007), et cetera. Others refer to electoral or competitive autocracies (Shevtsova, 2000; Levitsky and Way, 2010). Following Mill (1993) and Huntington (1991) in their recent analysis, which serves as a starting point for this assessment, Csillag and Szelényi (2015) define liberalism and democracy as two distinct dimensions of good governance, identifying "liberalism" with separation of powers and the security of private property rights, and "democracy" as majoritarian rule. They do not explicitly define illiberal democracy, but describe the features of the "emergent illiberal postcommunist systems" in political terms, and claim that as long as democratic institutions operate and leaders are elected to office, the ruling elites of these "illiberal democracies need a legitimating ideology which can appeal to a broader electorate". In their genealogy of what they call "post-communist managed illiberal democracy", where property relations shift from private property and market capitalism to neo-patrimonial and eventually neo-prebendal property relations, they argue that the core distinguishing feature is this ideology, which they call post-communist traditionalist or neo-conservative (pp. 21-22).

Hungary: The Concept of Family Within the Framework of “Illiberal Democracy”

Springer eBooks, Nov 22, 2021

Észrevételek a nemzetiségek parlamenti képviseletének szabályozásához az Alaptörvényben, a választójogi törvényben és a nemzetiségek jogairól szóló törvényben

„Intimate citizenship” a Nemzeti Együttműködés Rendszerében: Az Alaptörvény preferenciái feminista nézőpontból

“Intimate Citizenship,” and Illiberalism: Lessons from Hungary, Poland and Slovakia

Democratic U-turn, the chronology of building an illiberal democracy

Communitarians, dignity and privacy

Intimate citizenship and value preferences in the new Constitution

Watergate and White House Tapes

The SAGE Encyclopedia of Surveillance, Security, and Privacy, Mar 27, 2018

Watergate and White House Tapes The Watergate-case, which became a symbol of using surveillance t... more Watergate and White House Tapes The Watergate-case, which became a symbol of using surveillance technologies aimed at disabling political opponents, refers to a highly publicized political scandal in the US, which eventually led to the resignation of the President. The case focused public attention both on misusing campaign-money as well as the abusive use of surveillance technologies. The use of surveillance mechanisms in the Watergate scandal involved numerous attempts to wiretap political rivals and unwelcomed civil activists, as well as the White House cloaking these operations by the help of the FBI and CIA. The case also involves surveillance by the President.

Chapter 6: Constitutional Identity? The Hungarian Model of Illiberal Democracy

Springer eBooks, Nov 3, 2016

By connecting to ongoing scholarly discussions on conceptualizing "illiberal democracy" and analy... more By connecting to ongoing scholarly discussions on conceptualizing "illiberal democracy" and analyzing the phenomenon of anti-democratic backlash in post-2010 Hungary, this chapter seeks to provide a description and an analysis of the "Hungarian model of illiberal democracy". Throughout this text, "illiberal" is understood as a privative prefix, referring to a constitutional and political condition that creates a unique middle ground between a constitutional democracy and an autocracy. It is argued that that the "Hungarian illiberal democracy" is neither a construct of constitutional philosophy, nor is it a principle for constitutional design, nor is it characteristically illiberal within the interpretative framework of political theory. Rather, it is a tool to channel, define and dominate general political discourse and to provide a discursive framework for political identification and ideologically biased, yet divergent and ad hoc legislation. It is argued that "illiberalism" is actually a form of constitutional identity, the discursive framework of this new political community that the Orbán-regime claims to have established. The morphosis of this Hungarian model for illiberal democracy manifests itself normatively through value preferences expressed in the new constitution, as well as in a quasi-normative political declaration that serves as a manifesto for the new political community it envisages. Terminology and conceptualization In his seminal essay in which he argues that liberalism, either as a conception of political liberty or as a doctrine about economic policy, does not necessarily coincide with democracy, Fareed Zakaria (1997) defines liberal democracy as a political system marked not only by free and fair elections, but also by rule of law, separation of powers, and the protections of basic liberties of speech, assembly, religion, and property. Scholarly discussion on definitions has burgeoned in the past years. As Rupnik and Zielonka (2013) and Collier and Levitsky (1997) argue, authors often qualify the term democracy by adding adjectives such as liberal (or illiberal), deliberative, representative, participatory, delegative, façade, direct (or indirect), electoral, hybrid, Western, Islamic, managed (Anderson 2007), et cetera. Others refer to electoral or competitive autocracies (Shevtsova, 2000; Levitsky and Way, 2010). Following Mill (1993) and Huntington (1991) in their recent analysis, which serves as a starting point for this assessment, Csillag and Szelényi (2015) define liberalism and democracy as two distinct dimensions of good governance, identifying "liberalism" with separation of powers and the security of private property rights, and "democracy" as majoritarian rule. They do not explicitly define illiberal democracy, but describe the features of the "emergent illiberal postcommunist systems" in political terms, and claim that as long as democratic institutions operate and leaders are elected to office, the ruling elites of these "illiberal democracies need a legitimating ideology which can appeal to a broader electorate". In their genealogy of what they call "post-communist managed illiberal democracy", where property relations shift from private property and market capitalism to neo-patrimonial and eventually neo-prebendal property relations, they argue that the core distinguishing feature is this ideology, which they call post-communist traditionalist or neo-conservative (pp. 21-22).

Business and human rights, free speech, surveillance, and illiberalism: Contextualizing academic freedom as a constitutional right and an emerging freedom under international law

Hungarian journal of legal studies, May 11, 2023

With special focus on free speech, as well as on classroom surveillance (proliferating in the Cov... more With special focus on free speech, as well as on classroom surveillance (proliferating in the Covid-pandemic digital learning environment), the paper aims to identify contextual dimensions for academic freedom as a matured legal concept – and one to be assessed via a business and human rights approach, due to its peculiar position between the public and private spheres. The project is triggered by the fact that despite its widespread usage in international documents and domestic constitutions, academic freedom remains underdeveloped in terms of conceptual tools, operationalizing mechanisms, monitoring methods and benchmarking schemes. There are also competing notions on how to best conceptualize it: as an individual right, a set of requirements for autonomous institutional design, a field to be regulated for market service providers or public commodities, a tool for international policy making, or academic ranking – not to mention the challenge of how to incorporate challenges brought by social justice movements. These considerations all require different policy tools and adjacent legal targeting.

Palgrave Macmillan UK eBooks, 2010

Jewish by Law: Legislative Operationalizing of Race and Ethnicity in Holocaust-Era Hungary

Nationalities papers, Sep 14, 2023

Framed within discussions on how law operationalizes race and ethnicity, the authors provide a de... more

The missing arc of a backlash? Thirty years of constitutional debate on ‘women’s equality’ in Hungary

Intersections

The argumentation in this paper is based on the proposition that constitutions play a key role in... more The argumentation in this paper is based on the proposition that constitutions play a key role in defining the approach to women’s social status, not just by determining ordinary legislation and public policy, but also through constitutional review. The focus is on Hungary, a country that is not famous in Europe for a high level of equality between men and women, surrounded by a (liberal) international political discourse which asserts a backlash and claims that women’s equal rights are being curtailed even more during the era of Orbán’s illiberal government. Against this discursive backdrop, the paper highlights a counterintuitive phenomenon: since the democratic transition (1989–1990) all the key constitutional disputes related to equality between the sexes have been initiated by men claiming instances of discrimination against men, as if women were too privileged in Hungary. A relevant contextual feature is that while equal legal standing for the sexes is guaranteed (due partly t...

The Ratification Status of the Council of Europe's Istanbul Convention Among EU Member States

MTA Társadalomtudományi Kutatóközpont, 2020

has been signed by all EU member states, but still has not been ratified by seven of them. Amongs... more

Balogh Lídia * a "Szabadság Kontra Méltóság"-Vita És a Kisebbségek Médiareprezentációja

A tanulmány témája egy több színtéren-az akadémiai világban és az emberi jogi aktiviz-mus terület... more A tanulmány témája egy több színtéren-az akadémiai világban és az emberi jogi aktiviz-mus területén-zajló, tágabb vitához kapcsolódik, amely a "szabadság kontra méltóság" címkével azonosítható. A szerző elsősorban az emberi méltóság és a médiaszabadság-mely utóbbi általában a véleményszabadság egy speciális válfajaként konceptualizálódik-közötti konfliktusra összpontosítva vizsgálja a problémát; a tágabb nemzetközi kontex-tus felől halad-az európai fejleményeknél részletesebben időzve-, végül a magyaror-szági helyzet tanulmányozására helyezi a fókuszt. Ez utóbbi mozzanat mögött az indíté-kot egy jelentős hazai társadalmi probléma jelenti: nevezetesen a legnagyobb lélekszámú etnika kisebbségi csoport, a roma közösség társadalmi kirekesztése, amiben a feltételezé-sek szerint nem elhanyagolható szerepet játszik a romák szembeszökően negatív média-reprezentációja. A szerző álláspontja szerint ez a probléma-tekintettel a kirekesztés magas társadalmi költségeire-kétségkívül orvo...

Causes and explanations

Democratic Decline in Hungary

Illiberális (kollektivista és paternalista) vonások a Nemzeti Együttműködés Rendszerének személyiségképében

2cd6fa8da5c4_story.html, The 'Illiberal' Idea Rises. Hungary's leader issues a warning to a compl... more

Democratic Decline in Hungary

Constitutional identity? The Hungarian model of illiberal democracy

Palgrave Macmillan eBooks, 2016

By connecting to ongoing scholarly discussions on conceptualizing "illiberal democracy" and analy... more By connecting to ongoing scholarly discussions on conceptualizing "illiberal democracy" and analyzing the phenomenon of anti-democratic backlash in post-2010 Hungary, this chapter seeks to provide a description and an analysis of the "Hungarian model of illiberal democracy". Throughout this text, "illiberal" is understood as a privative prefix, referring to a constitutional and political condition that creates a unique middle ground between a constitutional democracy and an autocracy. It is argued that that the "Hungarian illiberal democracy" is neither a construct of constitutional philosophy, nor is it a principle for constitutional design, nor is it characteristically illiberal within the interpretative framework of political theory. Rather, it is a tool to channel, define and dominate general political discourse and to provide a discursive framework for political identification and ideologically biased, yet divergent and ad hoc legislation. It is argued that "illiberalism" is actually a form of constitutional identity, the discursive framework of this new political community that the Orbán-regime claims to have established. The morphosis of this Hungarian model for illiberal democracy manifests itself normatively through value preferences expressed in the new constitution, as well as in a quasi-normative political declaration that serves as a manifesto for the new political community it envisages. Terminology and conceptualization In his seminal essay in which he argues that liberalism, either as a conception of political liberty or as a doctrine about economic policy, does not necessarily coincide with democracy, Fareed Zakaria (1997) defines liberal democracy as a political system marked not only by free and fair elections, but also by rule of law, separation of powers, and the protections of basic liberties of speech, assembly, religion, and property. Scholarly discussion on definitions has burgeoned in the past years. As Rupnik and Zielonka (2013) and Collier and Levitsky (1997) argue, authors often qualify the term democracy by adding adjectives such as liberal (or illiberal), deliberative, representative, participatory, delegative, façade, direct (or indirect), electoral, hybrid, Western, Islamic, managed (Anderson 2007), et cetera. Others refer to electoral or competitive autocracies (Shevtsova, 2000; Levitsky and Way, 2010). Following Mill (1993) and Huntington (1991) in their recent analysis, which serves as a starting point for this assessment, Csillag and Szelényi (2015) define liberalism and democracy as two distinct dimensions of good governance, identifying "liberalism" with separation of powers and the security of private property rights, and "democracy" as majoritarian rule. They do not explicitly define illiberal democracy, but describe the features of the "emergent illiberal postcommunist systems" in political terms, and claim that as long as democratic institutions operate and leaders are elected to office, the ruling elites of these "illiberal democracies need a legitimating ideology which can appeal to a broader electorate". In their genealogy of what they call "post-communist managed illiberal democracy", where property relations shift from private property and market capitalism to neo-patrimonial and eventually neo-prebendal property relations, they argue that the core distinguishing feature is this ideology, which they call post-communist traditionalist or neo-conservative (pp. 21-22).

Hungary: The Concept of Family Within the Framework of “Illiberal Democracy”

Springer eBooks, Nov 22, 2021

Észrevételek a nemzetiségek parlamenti képviseletének szabályozásához az Alaptörvényben, a választójogi törvényben és a nemzetiségek jogairól szóló törvényben

„Intimate citizenship” a Nemzeti Együttműködés Rendszerében: Az Alaptörvény preferenciái feminista nézőpontból

“Intimate Citizenship,” and Illiberalism: Lessons from Hungary, Poland and Slovakia

Democratic U-turn, the chronology of building an illiberal democracy

Communitarians, dignity and privacy

Intimate citizenship and value preferences in the new Constitution

Watergate and White House Tapes

The SAGE Encyclopedia of Surveillance, Security, and Privacy, Mar 27, 2018

Watergate and White House Tapes The Watergate-case, which became a symbol of using surveillance t... more Watergate and White House Tapes The Watergate-case, which became a symbol of using surveillance technologies aimed at disabling political opponents, refers to a highly publicized political scandal in the US, which eventually led to the resignation of the President. The case focused public attention both on misusing campaign-money as well as the abusive use of surveillance technologies. The use of surveillance mechanisms in the Watergate scandal involved numerous attempts to wiretap political rivals and unwelcomed civil activists, as well as the White House cloaking these operations by the help of the FBI and CIA. The case also involves surveillance by the President.

Chapter 6: Constitutional Identity? The Hungarian Model of Illiberal Democracy

Springer eBooks, Nov 3, 2016

By connecting to ongoing scholarly discussions on conceptualizing "illiberal democracy" and analy... more By connecting to ongoing scholarly discussions on conceptualizing "illiberal democracy" and analyzing the phenomenon of anti-democratic backlash in post-2010 Hungary, this chapter seeks to provide a description and an analysis of the "Hungarian model of illiberal democracy". Throughout this text, "illiberal" is understood as a privative prefix, referring to a constitutional and political condition that creates a unique middle ground between a constitutional democracy and an autocracy. It is argued that that the "Hungarian illiberal democracy" is neither a construct of constitutional philosophy, nor is it a principle for constitutional design, nor is it characteristically illiberal within the interpretative framework of political theory. Rather, it is a tool to channel, define and dominate general political discourse and to provide a discursive framework for political identification and ideologically biased, yet divergent and ad hoc legislation. It is argued that "illiberalism" is actually a form of constitutional identity, the discursive framework of this new political community that the Orbán-regime claims to have established. The morphosis of this Hungarian model for illiberal democracy manifests itself normatively through value preferences expressed in the new constitution, as well as in a quasi-normative political declaration that serves as a manifesto for the new political community it envisages. Terminology and conceptualization In his seminal essay in which he argues that liberalism, either as a conception of political liberty or as a doctrine about economic policy, does not necessarily coincide with democracy, Fareed Zakaria (1997) defines liberal democracy as a political system marked not only by free and fair elections, but also by rule of law, separation of powers, and the protections of basic liberties of speech, assembly, religion, and property. Scholarly discussion on definitions has burgeoned in the past years. As Rupnik and Zielonka (2013) and Collier and Levitsky (1997) argue, authors often qualify the term democracy by adding adjectives such as liberal (or illiberal), deliberative, representative, participatory, delegative, façade, direct (or indirect), electoral, hybrid, Western, Islamic, managed (Anderson 2007), et cetera. Others refer to electoral or competitive autocracies (Shevtsova, 2000; Levitsky and Way, 2010). Following Mill (1993) and Huntington (1991) in their recent analysis, which serves as a starting point for this assessment, Csillag and Szelényi (2015) define liberalism and democracy as two distinct dimensions of good governance, identifying "liberalism" with separation of powers and the security of private property rights, and "democracy" as majoritarian rule. They do not explicitly define illiberal democracy, but describe the features of the "emergent illiberal postcommunist systems" in political terms, and claim that as long as democratic institutions operate and leaders are elected to office, the ruling elites of these "illiberal democracies need a legitimating ideology which can appeal to a broader electorate". In their genealogy of what they call "post-communist managed illiberal democracy", where property relations shift from private property and market capitalism to neo-patrimonial and eventually neo-prebendal property relations, they argue that the core distinguishing feature is this ideology, which they call post-communist traditionalist or neo-conservative (pp. 21-22).

Business and human rights, free speech, surveillance, and illiberalism: Contextualizing academic freedom as a constitutional right and an emerging freedom under international law

Hungarian journal of legal studies, May 11, 2023

With special focus on free speech, as well as on classroom surveillance (proliferating in the Cov... more With special focus on free speech, as well as on classroom surveillance (proliferating in the Covid-pandemic digital learning environment), the paper aims to identify contextual dimensions for academic freedom as a matured legal concept – and one to be assessed via a business and human rights approach, due to its peculiar position between the public and private spheres. The project is triggered by the fact that despite its widespread usage in international documents and domestic constitutions, academic freedom remains underdeveloped in terms of conceptual tools, operationalizing mechanisms, monitoring methods and benchmarking schemes. There are also competing notions on how to best conceptualize it: as an individual right, a set of requirements for autonomous institutional design, a field to be regulated for market service providers or public commodities, a tool for international policy making, or academic ranking – not to mention the challenge of how to incorporate challenges brought by social justice movements. These considerations all require different policy tools and adjacent legal targeting.

Palgrave Macmillan UK eBooks, 2010