Enshrining a right to abortion in the constitution – functions and effects of constitutionalisation – the fundamental nature of abortion and its link to core principles of constitutionalism – the instrumental-procedural function of constitutionalisation – limits to protection of abortion rights at the level of the European Court of Human Rights – unpredictability of judicial interpretation of fundamental rights – constitutional design pathways to specify the content and scope of a right to abortion – the potential of the standstill principle

Bosphorus doctrine of equivalent protection activated when states implement strict international organisations’ obligations – EU principle of mutual trust requires executing member states to presume issuing member states’ human rights compliance – Presumption influences the Bosphorus doctrine’s application – The European Court of Human Rights drew four relevant scenarios (full discretion; strict obligations; qualified discretion; EU law breach) – Case law consistent with Bosphorus logic but unfair to applicants – Court’s subsequent recalibration of ‘strict obligations’ requirement renders it moot, empties Bosphorus doctrine of its substance and equally undermines mutual trust regimes – Absence of equivalence of mutual trust regimes or EU accession to the ECHR as sole remedies

Introduction: the Scruton-Fidesz connection – Literature: Hungary’s rule of law backsliding and the Hungarian constitution – Methods: analysing ideological justifications and contemporary conservatism – Findings: the traditional family as the base for the existence of the nation – Individual rights’ dependency on communal obligations – Constitutional originalism and limitations on judicial review – History as a moral guide and historical revisionism – An exclusionary Hungarian constitutional identity – Analysis: traditionalist conservative values in the Hungarian Constitution and their manipulation – The radicalisation of conservatism – The struggle over the centre-right, and its implications on the future of democracy

Intrinsic relation between form and substance in law and between the institutional law of the EU and its substantive goals – idea and criteria for a ‘substantive core’ to the legal order – the internal market as early EU law’s substantive core – the EU’s changing policy substance and the subsequent ‘de-coring’ of the legal order – the consequences of de-coring and its impact on EU law’s relevance and legitimacy – early attempts to reconcile EU law with the changing substance of EU policy.