Comparing courts: The accountability function of courts in Poland and Hungary

Morten Kinander Dr, Wiersholm, Mellbye & Bech

Abstract

The article poses the question why the respective constitutional courts of Hungary and Poland developed so relatively differently following the transition from communism to liberal democracy, even though they were situated in (almost) neighboring countries with many commonalities. In making the comparison, the article focuses on the so-called "Accountability function of courts", a function that courts is expected to have in modern rule of law-states. The article contains the outlines for a methodology of court studies, which in particular critiques mono-causal, explanatory theories, and claims that courts must be studied at (at least) the three levels of political and cultural framework, institutional design and key individuals.