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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.
How do authoritarian actors utilize comparative constitutional law to erode democratic institutions under the guise of liberal legitimacy? David E. Landau and Rosalind Dixon, both established scholars in public law and constitutional theory, investigate the phenomenon of 'abusive constitutional borrowing.' They argue that legal globalization provides a toolkit for political actors to adopt democratic-sounding reforms that actually serve to consolidate power and undermine liberal democratic norms. The authors synthesize comparative case studies and theoretical frameworks to explain how these mechanisms function as a form of stealth authoritarianism.
What You Will Find
Scope Limits
Legal scholars and political scientists identify this work as a significant contribution to the study of democratic backsliding and the weaponization of legal systems. Readers frequently note the academic density of the prose, which is intended for specialists in public law and constitutional theory.
Page Count:
233
Publication Date:
2021-01-01
Publisher:
OUP Oxford
ISBN-10:
0192645897
ISBN-13:
9780192645890
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