Abusive Constitutional Borrowing
Legal globalization and the subversion of liberal democracy
David Landau author Rosalind Dixon author
Format:Paperback
Publisher:Oxford University Press
Published:11th Apr '25
Currently unavailable, and unfortunately no date known when it will be back

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. * Thomas M. Keck, Law & Social Inquiry *
The richness of the theoretical construction of the argument and the painstaking presentation of examples from different countries constitute the main contributions of this ambitious book. * Jorge González - Jácome, Associate Professor of Law, University of the Andes *
ISBN: 9780198938927
Dimensions: 234mm x 155mm x 12mm
Weight: 368g
240 pages