New Publication by Barbara Zeller

Can the constitution be disobeyed in order to rebuild democracy? In her latest post on Verfassungsblog, Barbara Zeller analyses a pressing question posed by the recent political developments in Hungary: the newly elected, pro-European government inherits a constitution with questionable democratic credentials passed by the previous authoritarian government. Is the newly elected government obligated to follow this constitution, even if it prevents the rebuilding of democracy? Barbara Zeller argues that it can be politically justified to disobey the constitution in certain circumstances. In fact, she argues, there may even exist a legal duty of constitutional disobedience. You can read the piece here.