Articles for tag: Abusive ConstitutionalismAbusive FeminismAnti-FeminismAutoritärer PopulismusAutoritarismusintersectionality

Anti-Feminism versus Abusive Feminism

Some of the world’s most powerful leaders have openly embraced an agenda that is overtly hostile to diversity, equity and inclusion, and often overtly anti-feminist. These discursive and behavioral attacks have been accompanied by a range of anti-feminist policy changes. As liberalism and democracy often erode together, it is no surprise that the growth of anti-feminism is associated with democratic backsliding. What is more surprising is that many of these anti-feminist, would-be autocrats have engaged in a parallel set of tactics that appear to endorse, rather than challenge, certain feminist ideas.

We the Bugs

On April 14, 2025, the Hungarian parliament passed the 15th Amendment to the Fundamental Law, triggering mass protest across Budapest. Amongst its most far-reaching provisions is the constitutional entrenchment of binary sex. Read alongside a reworded Article XVI, which affirms that “every child has the right to the protection and care necessary for his or her proper physical, mental, and moral development”, these provisions establish a new hierarchy of fundamental rights, placing child protection above all others, including the right to peaceful assembly. These changes may now lend formal constitutional legitimacy to discriminatory legislation seeking to ban Pride Parades. 

A Standoff Between the Monarchy and the People

On 7 August 2024, Thailand’s Constitutional Court ordered the dissolution of the Move Forward Party (MFP), the country’s most popular political party. The dissolution follows a decision in January, when the Constitutional Court ruled that the MFP’s campaign to amend section 112 of the Penal Code (the lèse-majesté law) constituted an attempt to overthrow the democratic regime with the king as head of state (DRKH), which is considered a fundamental principle of the Thai state. The decision is another chapter in a long-standing conflict over the scope of the criminal offense of lèse-majesté, the extent of freedom of expression, and ultimately, the character of the Thai state.

A Wolf in Sheep’s Clothing

In Brazil, the National Congress recently passed the Constitutional Amendment no. 123, nicknamed the “Kamikaze Bill” due to it budgetary impact. It qualifies the current situation – inflation, rise of gasoline price, shortage of goods, pandemic to name just a few – as an emergency state, creating financial and tax benefits for biofuel producers and providing welfare payments for part of the population.

Four Recommendations for Constitutional Restoration in Hungary

For the first time ever in Hungary, a national primary was held to elect the prime ministerial candidate for the opposition, sparking discussions on constitutional restoration, in particular on amending or replacing the 2011 constitution, the Fundamental Law (FL). Following a brief description of the Hungarian institutional and constitutional landscape, I outline several suggestions as to how the question of constitutional restoration in Hungary might be addressed.

Abusive comparativism: “Pseudo-comparativist” political discourse as a means to legitimizing constitutional change in Turkey

The constitutional amendment process has arguably weakened Turkey’s already-fragile constitutionalist system. This is well known. What is less known and pretty much overlooked is that comparativism and specifically comparative constitutionalism has suffered at the hands of Turkish political elites during the legal and political discussions that preceded the referendum.