Governments that cannot remove independent judges may bypass them through court packing. In Hungary, for instance, the Orbán government expanded the size of the Constitutional Court from eight to fifteen, changed the nomination rules so that the ruling Fidesz party could single-handedly appoint the new justices, and then filled the new positions with Fidesz loyalists.
In authoritarian regimes, when governments struggle to eliminate independent judges from the judiciary, they may resort to manipulating the court system by increasing its size. This tactic, known as court packing, allows them to gain control over judicial decision-making without directly removing judges. An example of this is seen in Hungary, where the Orbán administration expanded the Constitutional Court's membership and changed the rules for appointing judges.
This strategic alteration enabled the ruling Fidesz party to directly influence the court by appointing loyalists to the newly created positions. As a result, the balance of judicial power was tipped in favor of the government, undermining the independence of the judiciary and threatening democratic norms. This illustrates a broader trend where governments prioritize consolidation of power over upholding democratic principles.
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