Pretending to be democratic: Illiberal direct decision-making in Hungary, 2006–2026

• Department of Law

This event features a discussion with Zoltán Pozsár-Szentmiklósy (Associate Professor of Constitutional Law and Head of Department at Eötvös Loránd University (ELTE))

Abstract

Due to the particularities of the illiberal regime marked by prime minister Viktor Orbán (2010–2026), Hungary was in the spotlight of academic discourse, transnational legal and political fora, as well in the focus of the activity of civil society organisations, and international expert bodies. One of the founding elements of this regime, which also contributed to its downfall, was the electoral system. Based on this system, Hungarian parliamentary elections were often described as 'free but not fair'. Fewer studies have examined how direct democracy functioned during this period, even though it served as an important facade for the regime, intended to bolster its legitimacy in public discourse. A deeper analysis reveals that the Orbán regime used formal and informal tools of direct democracy even before formally gaining power, continuing this practice solely to concentrate power. In this respect, Hungary's illiberal practices relating to direct democracy between 2006 and 2026 are instructive for other countries, demonstrating that, alongside its ability to counterbalance representative governance, direct democracy can be employed in a manner that clearly contradicts the principle of separation of powers.