Morten Kinander

Comparing Courts: The Accountability Function of the Constitutional Courts of Poland and Hungary

Why did Hungary witness the development of one of the strongest constitutional courtsthe world has ever seen, whereas, at the same time and under similar circumstances, nearby Poland decided to subject its Constitutional Tribunal to political review? This article considers how, following the transition from communism to democracy, these two countries developed their constitutional jurisprudence with a special focus on what is called “the accountability function of the courts”, namely on the normative role of the courts in structuring the conditions for democracy and the ability to hold the executive branch of government responsible for making legitimate laws.