Administrative Law and Human Rights in the Times of Populism and Democratic Decay - Reflections in the Context of Central and Eastern Europe

Recent years have brought major social changes, including growing dissa-tisfaction with democratic institutions and the emergence of so-called “illiberal democracy”. Economic crisis and social insecurity also contribute to malfunctioning of democratic societies. Many countries experienced the backsliding from the rule of law and division of power, as well as growing populist and authoritarian tendencies. These phenomena have a lot in common with administrative law. Since its main function is to defend the individual against the abuse of power by the state, it is surprising to disco-ver that it is also useful for populist governments and regimes in decaying democracies. By breaking the principles of the rule of law and weakening constitutional values, administrative law alone may not be able to oppose authoritarianism and can even be instrumentally used by such regimes. Therefore, the crucial challenge for administrative law is how to defend democratic values, civil liberties and continue to effectively control and limit the power of the state.