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Text in German. Constitutional courts are currently in focus as both players and opponents of democratic decisions. A look at Poland, Hungary or Austria with regard to the federal presidential election shows the fragile interplay of constitutional jurisdiction and democracy at a time when the political coordinate system is shifting and illiberal democracies are increasingly popular. The authors analyze which political interventions judges and courts are exposed to in view of changed political conditions and how constitutional courts can in turn conduct politics under the guise of allegedly apolitical law. The various roles (assignments) of the courts have an impact on both national and European politics.
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Text in German. Constitutional courts are currently in focus as both players and opponents of democratic decisions. A look at Poland, Hungary or Austria with regard to the federal presidential election shows the fragile interplay of constitutional jurisdiction and democracy at a time when the political coordinate system is shifting and illiberal democracies are increasingly popular. The authors analyze which political interventions judges and courts are exposed to in view of changed political conditions and how constitutional courts can in turn conduct politics under the guise of allegedly apolitical law. The various roles (assignments) of the courts have an impact on both national and European politics.