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6 Const. Stud. 5 (2020)
What Can Constitutional Law Do against the Erosion of Democracy and the Rule of Law? On the Interconnectedness of the Protection of Democracy and the Rule of Law

handle is hein.journals/constudi6 and id is 11 raw text is: WHAT CAN CONSTITUTIONAL LAW DO AGAINST THE EROSION OF DEMOCRACY AND THE RULE OF LAW? ON THE INTERCONNECTEDNESS OF THE PROTECTION OF DEMOCRACY AND THE RULE OF LAW ANDRAS JAKAB* ABSTRACT Democracy and the rule of law are slowly deteriorating in several countries around the world, including some member states of the European Union. There are many reasons for this, such as economic changes, new digital communication channels, and geopolitical developments. Furthermore, the manner in which former social- ist countries acceded to the European Union turned out to be counterproductive for the state of democracy and the rule of law in these countries. Constitutional law has a number of tools at its disposal for preventing or reversing such tenden- cies. While constitutional lawyers typically see the rule law as the guardian of democracy, the rule of law cannot entirely protect democracy in political reality. In fact, it is partly the other way around: democratic rotation guarantees the rule * Professor of Constitutional and Administrative Law, University of Salzburg, andras.jakabgsbg.ac.at. For critical remarks I am grateful to Lando Kirchmair, Sebastian Krempelmeier, Konrad Lachmayer, Petra Lea Lancos, Stefan Martini, Valerie Schwarzer, Michael Thaler, Peter T61gyessy, Mathias Vogl and Ewald Wiederin. This paper is the English version of the author's inaugural lecture held at the University of Salzburg on April 9, 2019. Constitutional Studies, Volume 6 ©2020 by the Board of Regents of the University of Wisconsin System - 5 -

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