Constitutional Courts in States of Emergency Experiences from the Visegrád Countries

Abstract

This article examines the operation of constitutional courts in Hungary, Poland, the Czech Republic, and Slovakia – the Visegrád countries – during states of emergency, with a special focus on the COVID-19 pandemic. It investigates how these courts interpreted their constitutional roles under ‘special legal orders’ and whether their competencies and jurisprudential standards changed under exceptional circumstances. Although the constitutions of all four states maintain the continuous operation of constitutional review during emergencies, the courts’ performance and impact varied considerably. The analysis shows that the strength and independence of constitutional adjudication under normal conditions determine its capacity to function as a guardian of constitutionality in emergencies. The article concludes that constitutional courts that do not effectively protect constitutionalism in ordinary times are unlikely to do so during crises, emphasizing the continuing importance of institutional integrity, judicial independence, and rule-of-law standards in exceptional legal orders.