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Abusive Constitutional Borrowing
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Abusive Constitutional Borrowing : Legal globalization and the subversion of liberal democracy

by David Landau , Rosalind Dixon

Book Details

Format Hardback or Cased Book
Book Series Oxford Comparative Constitutionalism
ISBN-10 0192893769
ISBN-13 9780192893765
Publisher Oxford University Press
Imprint Oxford University Press
Country of Manufacture GB
Country of Publication GB
Publication Date Jul 8th, 2021
Print length 240 Pages
Weight 524 grams
Dimensions 16.40 x 24.10 x 2.50 cms
Product Classification: Comparative politics Constitution: government & the state Constitutional & administrative law
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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.
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.

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