Abusive Constitutional Borrowing: Legal Globalization and the Subversion of Liberal Democracy
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Author Description
Law Is Fast Globalizing As A Field, And Many Lawyers, Judges And Political Leaders Are Engaged In A Process Of Comparative Borrowing. But This New Form Of Legal Globalization Has Darksides: 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 A Form 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. 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. An Important Contribution To Both Legal And Political Scholarship, This Book Will Of Interest To All Those Working In The Legal And Political Disciplines Of Public Law, Constitutional Theory, Political Theory, And Political Science.
Menrva's Summary
THE THESIS
How does the global exchange of legal and constitutional ideas facilitate the erosion of democratic institutions by authoritarian actors? David E. Landau and Rosalind Dixon, both prominent scholars in public law and constitutional theory, investigate the phenomenon of 'abusive constitutional borrowing.' They argue that political actors increasingly utilize comparative legal practices to provide a veneer of legitimacy to anti-democratic measures. By analyzing patterns of democratic retrenchment, the authors provide a framework for identifying and countering these subversions of liberal democracy.
THE SCOPE MAP
What You Will Find
- Analysis of democratic retrenchment and the use of faux liberal democratic cover.
- Identification of the technologies and ideologies supporting abusive constitutionalism.
- Comparative study of legal globalization and its impact on institutional integrity.
Scope Limits
- The text focuses primarily on constitutional and legal mechanisms rather than broader sociological or economic drivers of authoritarianism.
- It does not provide an exhaustive survey of every global jurisdiction, focusing instead on illustrative patterns of subversion.
THE AUTHORITY PERSPECTIVE
Legal scholars and political scientists identify this work as a significant contribution to the study of comparative constitutionalism and democratic decay. Readers frequently note the academic density of the prose, which is intended for an audience of professionals and researchers in the fields of public law and political theory.
Page Count:
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Publication Date:
2021-01-01
ISBN-10:
0192645889
ISBN-13:
9780192645883
Constitutional Law
Political Theory
Democracy
Law
Globalization
