Law is trapped in history and history is trapped in law?

Historical narratives in illiberal legal practices in Hungary and Poland

Résumé

Abstract: This paper explores the reciprocal relationship between law and history, highlighting how historical beliefs influence political and legal decision-making. This interdependence is evident in the historical development of legal systems, the incorporation of historical discourse in legal texts, and the legal governance of historical matters. The paper illustrates the integration of historical dimensions and myths into constitutional imaginaries, particularly in Hungary and Poland. There, historical beliefs have driven transformations towards illiberal national myths, influencing political and legal reforms. The study underscores the relevance for legal and constitutional scholars not to overlook the reciprocal relationship between law and history.