Subordination, conformity and alignment

Abstract

Can a judiciary operating in an autocratic political system be expected to defend the rule of law? What are the implications of the relative autonomy of the judges in such an environment? The main reason why judges are unable to affirm the values of the rule of law is that several conditions of resistance are lacking. Organizational, structural and cultural factors all play a role. The lack of professional solidarity is particularly important. The display of collective power by judges requires particular effort and is not supported by any tradition. The Hungarian political regime has severely eroded the internal culture of the judiciary in its post-2010 reforms of the judiciary. As a result, it is clear that the judicial system, which has received special European attention, cannot be expected to halt the deterioration of the rule of law. An understanding of the culture of subordination and conformity can contribute not only to the analysis of autocratic regimes but also to the reflection on the reconstruction of the rule of law.