On Viktor Orban, Illiberal Democracy and International Law
By Aneesh Sood
In his article “Illiberal Democracy and the Struggle on the Right”, Marc F. Plattner argues that the dramatic change in the political party landscape in Europe and other parts of the world, fueled primarily by the rise of illiberal democracies and right wing populism, is one of the biggest challenges facing democracy today. Similarly, it would be fair to say that this phenomenon poses a grave threat to international law as well. To understand why this is the case, it would be beneficial to start by looking at what populism and an illiberal democracy actually entail.
According to Benjamin Moffitt, author of The Global Rise of Populism, a populist leader claims to represent the will of the masses and stands in opposition to a threat embodied by the current political system. As such, this leader will often rail against groups like the “liberal elite” or other groups in power, and “generally attaches itself to the right in a European context”. These leaders pose a threat to international law because the idea that populist supporters aim to overthrow the elite, and this includes international bodies that establish international law. In addition, “liberal elite” is generally understood to mean support for an activist government, multiculturalism, open immigration policies, and the whole idea of international law. It’s important to remember the term “liberal democracy” means something completely different. As Plattner writes, in a liberal democracy, liberalism dictates “what the limits to [rulers’] power are once they are in office. These limits, which are ultimately designed to protect the rights of the individual, demand the rule of law and are usually set forth in a written constitution”. Therefore, a liberal democracy is not one which advocates a left leaning stance on social issues, but instead one that ensures that all people have the right to express their own views on such issues and have leaders with clearly enumerated powers that will represent them.
Despite the clear difference between the two uses of the term “liberal” in this situation, leaders of illiberal democracies such as Hungary’s Viktor Orbán have capitalized on the use of the word as an epithet. As Plattner writes, “Orbán wishes to make support for liberal democracy seem inseparable” from support for left-leaning social issues such as open immigration and gay marriage. While in the past, it was the norm that citizens could disagree on such issues while still believing in the idea of a liberal democracy, Plattner says that Orbán “is attempting to convince Europeans who find themselves on the conservative side of these social issues that they are being ill treated and disrespected in contemporary liberal democracies”. In addition, “he warns them that they are in danger of losing out demographically and ideologically in the future”.
This is where the threat to international law comes in. By seeking to make more socially conservative citizens opposed to liberal democracy on the basis of social issues, Orbán is advocating for them to promote a system of right-wing populism and illiberal democracy, a system in which leaders infringe upon the rule of law, free speech, the independence of the courts, and individual and minority rights. All these things came about via the same Renaissance and Enlightenment ideas that inspired international law, they are cousins. Renaissance thinker Hugo Grotius is one of the originators of international law. As long as illiberal democracy and right wing populism continue to rise, the ideas behind liberal democracy and international law are in danger.
International law is where nations set standards of behavior to establish order and peace. The breakdown of international law means a less orderly and more chaotic world. It’s also a world where the size of arsenals grow.
Aneesh Sood is an arms control fellow at the Peace Economy Project. If you like this story, please link here and make a donation of $5 or more: https://peaceeconomyproject.org/wordpress/sample-page/contribute/
