The Effects of Populist Rule

Chapter 5 makes the methodological claim that before turning to the Court’s practice, one should use insights from political science, sociology, and constitutional law to better delineate the domains of law and policy that once in power (deliberation and the media, judicial independence, and electoral regulation), and how erosion observed in Hungary and Poland reflect in these domains reflect the normative argument of Chapter 3. This excursion importantly highlights the relevant and corresponding portions of the case law (Articles 10–11, Article 6, Article 18, and Article 3 Protocol 1, resp.) to be analysed, and which aspect of these articles need particular attention, an aspect I label ‘infrastructural’.