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Abusive Constitutional Borrowing – Legal globalization and the subversion of liberal democracy - Oxford Scholarship Online
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Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy

Rosalind Dixon and David Landau

Abstract

We live in a golden age of comparative constitutional law. Liberal democratic ideas have diffused readily around the world, and certain features such as judicial review and constitutional rights are now nearly universal. At the same time, recent years have seen a pronounced trend toward the erosion of democracy. This book argues that the rhetorical triumph of liberal democratic constitutionalism, and the tendency toward democratic retrenchment, are fully consistent phenomena. Legal globalization has a dark side: norms intended to protect and promote liberal democratic constitutionalism can oft ... More

Keywords: constitutions, comparative constitutional law, democracy, authoritarianism, liberalism, human rights, judicial review, borrowing, rights, abusive constitutionalism

Bibliographic Information

Print publication date: 2021 Print ISBN-13: 9780192893765
Published to Oxford Scholarship Online: August 2021 DOI:10.1093/oso/9780192893765.001.0001

Authors

Affiliations are at time of print publication.

Rosalind Dixon, author
Professor of Law, University of New South Wales

David Landau, author
Mason Ladd Professor, FSU College of Law