Narrating the Rule of Law
Patterns in East Central European Parliaments
- Open Access
- 2024
- Open Access
- Book
- Authors
- Astrid Lorenz
- Lisa H. Anders
- Dietmar Müller
- Jan Němec
- Book Series
- The Future of Europe
- Publisher
- Springer Nature Switzerland
About this book
This open access book deals with the backsliding of the rule of law in Poland and Hungary as one of the main problems of the EU. What began as a national phenomenon has become a general threat for the EU because the respect for the rule of law is a prerequisite for all other values of the EU enshrined in Article 2 of the Treaty on European Union. Media coverage and scholarly publications on these developments mainly focus on backsliding governments and judicial decisions concerning the issue. This book aims to inform the debate by adding another perspective and providing a broader view. Drawing on a comprehensive collection of parliamentary debates, we explore how MPs in Poland, Hungary, but also the Czech Republic, Slovakia and Romania referred to the rule of law from 1990 to 2021 and how their narratives differed across parties, countries and time.
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Table of Contents
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1. Why and How to Explore Rule of Law Narratives. Introduction
- Open Access
Download PDF-versionThe chapter examines the significance of rule of law narratives in shaping political behavior and institutional arrangements. It argues that these narratives play a crucial role in informing, influencing, and legitimizing political actions. Despite their importance, narratives used in parliaments have received little attention in rule of law analyses, which often focus on institutional structures like the law itself. The chapter fills this gap by analyzing and comparing narratives of the rule of law in parliaments across different countries, shedding light on how politicians understand and articulate the concept. This empirical study aims to provide a nuanced understanding of how key actors address the rule of law, revealing patterns and controversies that have implications for both academic research and policy-making.AI Generated
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AbstractNarratives are highly relevant for policymaking and the functioning of institutions, including rule of law arrangements. They inform, influence and serve to justify political action, as well as mobilise support. However, narratives used in parliaments have received little attention in analyses of the rule of law, which tend to focus on institutions such as the law itself and its structure. In this introduction to the volume “Narrating the Rule of Law”, we explain why and how we analyse and compare narratives of the rule of law in parliaments. Although most political entities across the globe declare the rule of law as one of their guiding principles, they articulate different ideas of what the rule of law is, what purposes it serves, what elements it comprises and how it relates to democracy. Covering 30 years of parliamentary debates on rule-of-law-related issues in five countries, this case-sensitive empirical study analyses cross-national differences and traces changes over time. -
2. Actors, Institutions and Narratives. The Neo-Institutional Framework of Analysis
- Open Access
Download PDF-versionThe chapter delves into the neo-institutional framework for analyzing the rule of law in Europe, highlighting the intensified research on rule of law deficits in selected countries. It emphasizes the need for a broader empirical foundation to complement existing studies, drawing on historical, sociological, and rational institutionalist approaches. The text explores the contentious nature of the rule of law, its historical evolution, and the ideational references of key actors. It discusses national and temporal differences in rule of law narratives, influenced by historical contexts, power relations, and transnational developments. The analysis also considers the role of political actors, their debates, and the impact of EU accession on rule of law perceptions and institutional changes. The chapter offers a nuanced understanding of the rule of law's complex development and the challenges faced by different countries in Europe.AI Generated
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AbstractThis chapter describes the general theoretical background of the study “Narrating the Rule of Law”, which builds on approaches and findings from political science, history, sociology and cultural studies. The point of departure is the neo-institutionalist assumption that existing orders influence actors’ behaviour, but that actors can also use or try to modify these orders according to their interests or normative ideas. They do so by using, constructing and circulating ideas and beliefs through discourse. We further assume that the specific context matters for how politicians refer to the rule of law. In this chapter, we apply the general analytical framework to trace the history of the liberal rule of law and illustrate some ‘classical’ conflicts surrounding its meaning and development, including the essential role of politicians (and judges) in this process. We develop these considerations and discuss why national and temporal differences in the rule of law narratives are conceivable. Finally, we discuss potential conflicts and narratives that may arise from party competition, the government–opposition divide and differing rationale of politicians’ and judges’ views of the rule of law. -
3. Beyond Theory. Understanding Rule of Law Narratives from Their Empirical Context
- Open Access
Download PDF-versionThe chapter 'Beyond Theory: Understanding Rule of Law Narratives from Their Empirical Context' delves into the intricate dynamics of parliaments and rule of law narratives in five post-communist countries. It begins by emphasizing the significance of actors in shaping the development of the rule of law, noting that while institutional environments influence their actions, actors can selectively reinterpret institutions. This perspective challenges the predictive power of abstract theories on political action and narratives, urging a more context-sensitive approach. The chapter introduces four key aspects relevant for analyzing rule of law narratives: the potential irrelevance of party ideologies, enduring conflicts from post-1989 political developments, struggles between politicians and judges, and power shifts between political realms and European levels. It discusses the experiences of parliaments, legislation related to the rule of law, the role of an independent judiciary, and the impact of the Council of Europe and the European Union on rule of law narratives. The text provides a detailed analysis of the dynamics in parliaments, the relevance of rule of law issues for party competition, and the struggles between politicians and judges. It also explores the post-1989 transformation and EU accession, highlighting the massive power shifts and the competition over authority in policy creation and implementation. The chapter concludes by emphasizing the need to consider the specific contexts and historical developments in understanding rule of law narratives, making it a compelling read for those interested in the complex interplay of politics, law, and European influences in post-communist societies.AI Generated
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AbstractSince theory-building is inseparable from its empirical contexts, there are limits to deriving hypotheses from theories informed by other empirical cases for our object of study. Therefore, this chapter provides an in-depth introduction to the cases analysed in the volume “Narrating the Rule of Law”—Czechia, Hungary, Poland, Romania and Slovakia. As it shows, drawing on various studies of the region, certain developments in these countries may have affected narratives about the rule of law in parliaments that are either missing or not discussed in detail in the current rule of law research, while other factors are possibly overemphasised. Specifically, we discuss the perhaps limited relevance of party ideologies, the massive post-1989 power shifts, conflicts over the post-1989 developments and the consequences of institutional choices, particularities of the relationship between politicians and judges, and the role of the EU. For scholars studying the rule of law from a theoretical perspective and for EU scholars unfamiliar with East Central Europe, this chapter provides detailed information to understand the actors’ background and experiences that might inform their rule of law narratives. -
4. Context-Sensitive Mapping of Rule of Law Narratives. Sources and Methods
- Open Access
Download PDF-versionThe chapter delves into the complex process of identifying and analyzing rule of law narratives in parliamentary debates from five East Central European countries. It outlines the meticulous selection of sources, including speeches from plenary debates and key legislation, and the use of qualitative content analysis to uncover recurring themes and narratives. The authors highlight the challenges of interpreting context-specific references to the rule of law and the importance of combining deductive and inductive methods to ensure a comprehensive analysis. The chapter also discusses the development of a coding scheme to systematically categorize the data and the insights gained from the analysis, providing a novel perspective on the rule of law discourse in the region.AI Generated
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AbstractThis chapter describes the methodological approach of the study “Narrating the Rule of Law”, specifically how we combine deductive and inductive research strategies to map rule of law narratives in a way that is sensitive to the context while aiming to keep findings comparable. As described in this chapter, we analysed debates with direct mentions of the term ‘rule of law’ or its semantic equivalents. We additionally covered debates on key legislation related to the rule of law in order to take into account that the rule of law may be associated with different things in different contexts and that parliamentarians may also talk about the rule of law and related issues without explicitly using the term. After presenting the sources, we explain how we reconstructed the rule of law narratives employing qualitative content analysis. Finally, we reflect on the limitations of our methodological approach and discuss what conclusions can be drawn from our empirical findings. -
5. What the Rule of Law Is About. Narrating Its Foundations
- Open Access
Download PDF-versionThe chapter delves into the parliamentary debates of Czechia, Hungary, Poland, Romania, and Slovakia to uncover the narratives surrounding the rule of law. It examines the foundational aspects, including the purpose, elements, and sources of legitimacy, highlighting both common themes and country-specific divergences. The analysis shows that while there are shared narratives on the importance of limiting power and ensuring system functionality, the intensity and focus of these narratives vary significantly across time and political contexts. Notably, the rule of law is often linked to the historical context of democratic transitions, with references to the 1989 revolutions and the need for system change. The chapter also identifies patterns of one-sided narratives used by opposition parties to criticize government actions, particularly in Hungary and Poland. Despite these differences, the rule of law is consistently associated with legal certainty and the constitution as a source of legitimacy. The study concludes that while there is a high level of agreement on the foundational principles, the specific narratives and their political implications differ markedly across the countries and time periods.AI Generated
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AbstractThis chapter presents the findings of our empirical study “Narrating the Rule of Law” concerning how the MPs and government representatives in Czechia, Hungary, Poland, Romania and Slovakia referred to the foundations of the rule of law. Based on our study of the hundreds of documents, we explore how politicians spoke about the purpose of the rule of law, its elements and sources of legitimacy. The term ‘rule of law’ was often used interchangeably with concepts such as ‘(national) constitution’, ‘constitutional state’ or ‘constitutionality’. We show that in their speeches, parliamentarians agreed on relevant aspects and that the mentions of these aspects followed a similar pattern (e.g., mostly opposition parties used them when criticising the government), although concrete narratives varied. The high proportion of overlapping narratives implies that party ideology only partially structured how parliamentarians spoke about the purpose, elements and legitimation of the rule of law. To substantiate our interpretations, we provide various illustrative quotes. -
6. The Rule of Law in Troubled Waters: Narrating Rights, Democracy and Challenges
- Open Access
Download PDF-versionThe chapter 'The Rule of Law in Troubled Waters: Narrating Rights, Democracy and Challenges' delves into the complex narratives surrounding rights, democracy, and the rule of law in the parliaments of Central and Eastern Europe post-1989. It examines how these narratives have evolved in response to political transformations and ideological shifts, focusing on five countries: the Czech Republic, Hungary, Poland, Romania, and Slovakia. The analysis reveals a shift from initial consensus on rights and democracy to increasing polarization and conflict, particularly around issues like transitional justice, lustration, and the role of the judiciary. The chapter also highlights the growing politicization of the judiciary and the increasing relevance of international and European institutions in protecting rights. By comparing these narratives across different countries and time periods, the chapter offers a nuanced understanding of the challenges and complexities faced by these democracies in their quest to uphold the rule of law.AI Generated
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AbstractThis chapter analyses the rule of law discourses in the parliaments of Czechia, Hungary, Poland, Romania and Slovakia regarding rights, democracy and challenges. Since 1989, the term ‘rule of law’ has become widely used, especially by (opposition) MPs, who mentioned it when denouncing problems. As we show in this chapter, the term became a trigger word, associated with various shortcomings, conflicts and accusations, and with the increasing relevance of the judiciary, which was perceived as politicised in some parliaments. The handling of rights was very controversial in some parliaments while a topic of minor relevance in others. The relationship between the rule of law and democracy seemed less uncontroversial at first glance, but it was disputed in certain parliaments and periods. The chapter also demonstrates that a number of aspects were described as challenges to the rule of law across party lines, often with country-specific narratives. Finally, established rhetorical divides existed regarding some challenges to the rule of law. To substantiate our interpretations, we provide various illustrative quotes. -
7. Lessons Learned and Policy Recommendations
- Open Access
Download PDF-versionThe chapter delves into the lessons learned and policy recommendations concerning the rule of law in East Central European parliaments over three decades. It analyzes the evolution of narratives and rhetoric in parliamentary debates, revealing national and temporal differences in how the rule of law is discussed. The study shows that while there is a shared understanding of the rule of law's foundations, specific challenges and controversies vary significantly across countries and time periods. The analysis also highlights the influence of party ideology and context on these narratives, providing a nuanced understanding of the political dynamics shaping the rule of law in the region. The chapter concludes with practical recommendations for policymakers and scholars, emphasizing the need for context-sensitive approaches and further research on the intersection of the rule of law, democracy, and institutional design.AI Generated
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AbstractThis chapter summarises the main findings of the study “Narrating the Rule of Law” with respect to national similarities and differences, temporal patterns and patterns of politicians’ rhetoric. A liberal model of the rule of law was supported in all parliaments, especially in Czechia. However, opposition parties repeatedly accused the ruling majorities of violating the rule of law. Controversies emerged earlier in Romania and Slovakia, while the rhetorical divide between government and opposition was much more pronounced in Hungary and Poland after 2010 and 2015. One-sided and diverging narratives were related to country-specific paths of reform and counter-reform. We also discuss the implications of the findings for theory-building and provide policy recommendations. We call, inter alia, for putting more scholarly attention on the controversial aspects around the prohibition of retroactive action. We also suggest building stronger ties with and among parliaments. These share many narratives on the rule of law, e.g. the need to respect the constitution and criticism of tendencies of centralising power.
- Title
- Narrating the Rule of Law
- Authors
-
Astrid Lorenz
Lisa H. Anders
Dietmar Müller
Jan Němec
- Copyright Year
- 2024
- Publisher
- Springer Nature Switzerland
- Electronic ISBN
- 978-3-031-66332-1
- Print ISBN
- 978-3-031-66331-4
- DOI
- https://doi.org/10.1007/978-3-031-66332-1
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