Abusive Constitutional Borrowing
Legal globalization and the subversion of liberal democracy
Series: Oxford Comparative Constitutionalism;
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14 327 Ft
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Product details:
- Publisher OUP Oxford
- Date of Publication 11 April 2025
- ISBN 9780198938927
- Binding Paperback
- No. of pages240 pages
- Size 234x155x12 mm
- Weight 368 g
- Language English 653
Categories
Short description:
Abusive Constitutional Borrowing outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism.
MoreLong description:
Law is a fast globalizing field and many lawyers, judges, and political leaders are engaged in a process of comparative 'borrowing'. But this new form of legal globalization has dark sides. It is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies, it is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth under the guise of faux liberal democratic cover.
Abusive Constitutional Borrowing: Legal Globalization and the Subversion of Liberal Democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. It addresses current patterns of democratic
retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism.
An important contribution to both legal and political scholarship, this book will be of interest to those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Dixon and Landau document the extent to which autocratic leaders have figured out how to convert independent courts and written rights guarantees into tools for consolidating power, repressing the opposition, and sidelining minorities. They support this account with a remarkable range of empirical examples, drawn from virtually all regions of the constitutional world.
Table of Contents:
Introduction: A Dark Side of Comparative Constitutional Law
Democracy and Abusive Constitutional Change
The Concept and Scope of Abusive Constitutional Borrowing
The Abuse of Constitutional Rights
Abusive Judicial Review
The Abuse of Constituent Power
The Abusive Borrowing of Political Constitutionalism and Weak-Form Judicial Review
Can Abusive Borrowing Be Stopped?
