Introduction to the Special Section – relationship between memory laws and the rule of law – exploiting law in the service of historical policy and undermining democracy – rule of law backsliding – democratic backsliding – risk of abuse of memory laws

Introduction of the institutional framework of constitutional democracy and transitional justice in Hungary – Liberal constitutionalism as a victim of the authoritarian efforts of Viktor Orbán’s Fidesz party after the 2010 parliamentary elections – The legal governance of history contributing to the backsliding of democracy and the rule of law – Use of memory politics for the newly established authoritarian regime’s own political purposes – Transitional justice measures to help reconcile society and consolidate democracy – The current Hungarian government’s attitude towards public discussion of history

Memory laws – Protecting the good name of the nation – de facto memory laws – Prohibiting statements about the past – Article 301 of the Turkish Criminal Code – Protecting the good name of Poland and the Polish nation – Protecting the good name of the nation as de facto memory laws – Role of organisations in implementing the laws – Rule of law – Independence of the judiciary – European Court of Human Rights – Chilling effect – European memory politics

Strategic Lawsuits against Public Participation (SLAPPs) – the rule of law backsliding – governance of historical memory – academic freedom – EU Draft Directive on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings

German Federal Constitutional Court’s review of memory laws – Poland’s Constitutional Tribunal review of memory laws – politicisation of the judicial review of memory laws – gouvernement des juges – abusive judicial review