Eastern European populists, the rule of law not like, you will prevent, the politics merely to “get things done”. It is a legacy of communism, writes Ivaylo Dicthev.
If Eastern Europe could teach us something about populism, it is that democracy does not necessarily mean the rule of law. Democracy can be used against the legal order, by imposing the will and the passion of the majority: The result about the illiberal democracy of Viktor Orban, a kind of new Bolshevism (etymologically: majorit ISM).
In the Marxist-Leninist Tradition, the law had no reality of its own. It is a disguised domination was the instrument. The intricacies of the Jurisdiction were represented as an obstacle to the ambitious goals of the Communist party. A favourite subject of the satirists of the regime of the bureaucrat with oversleeves, held on to his idiotic clauses and article used to be.
Of course, the opinion of the majority is easily accessible from the media and to manipulate the totalitarian Regimes that have worked before about their ways of Propaganda to expand.
Supposedly pleasant “telephone justice”
But the longevity of communism is not to be understood, if we take into account that he was for large Parts of the population are very popular. After a Belief has been prepared in the omnipotence of political will. The key lies in the speed: as soon As the sluggish machine of the justice system is eliminated with judges, courts and procedures, you can do things at any time, and without further ADO. The term “telephone justice” says it all: One phone call and your Problem is solved. Social housing? Just the Land seizures. Outrage over criminal activity? The Suspect was shot and killed.
Populism feeds today of the same Irritation from us, the citizens, on the inertia of the institutions. The unpopular EU-bureaucracy has replaced the heartless socialist bureaucrats. The more the social life accelerates, the less patience we have for outdated court, because we want politicians to get things done now, if possible, on live TV.
Laws change all the time
The Romanian case, the most extreme. The country has introduced an emergency law to combat corruption, which was adopted by many citizens excited. Then, with the return of former Communists to Power, there was a turning point, which was then other groups, domination is concerned about a more and more pervasive arbitrariness.
In Bulgaria to 2018 alone, a Think-Tank about 1000 law listed corrections, 77 entirely new laws were adopted. Such Changes stand in contrast to the Essentially conservative forces of justice. You use but the mood on the road: On each of the larger Offense, it responds by a change in the law and tried to calm down the resentment of the people. Just, the dissatisfaction is not calm, and more and more court decisions to draw new protests.
The law as an Instrument of domination
Hungarian and Polish populists came as the leader of an open protest against the EU-the rule of law. This does not reduce their popularity, on the contrary, it gives them a heroic Aura. The right will once again demystify as an Instrument of domination, but this time not of the Bourgeoisie, but of the exploiters from the West.
This also applies to any Form of regulation. Starting at the banana, “to be free of abnormal curvature” and ends with the Try to stop the abuse of posted workers, the nationalists as a strategy of Western companies against Eastern European companies.
The law is there is no room of consensus and peace, but a Front in which there is no common ground between “us” and “them”.
A global trend
Populists all over the world go the same way, even without Marxist-Leninist heritage. In the Turkey was, Erdogan several judges to arrest and accusing them of having Connections to the alleged terrorist organization of the preacher Gulen. In Italy, Salvini scoffs at the fiscal agreement with the Euro zone. In the USA, Trump maintains, in principle, almost all international contracts for expendable.
The fight against such tendencies seems to be more difficult than ever, especially since the rule of law was for the masses, never particularly popular, and lengthy legal procedures for sensation eager the media are not interesting.
Ivaylo Ditchev, a cultural anthropologist from Bulgaria, he is currently teaching in Regensburg as a visiting Professor.