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legal globalization and the subversion of liberal democracy
"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."--
Cover -- Series -- Abusive Constitutional Borrowing -- Copyright -- Summary Contents -- Detailed Table of Contents -- 1. Introduction: A Dark Side of Comparative Constitutional Law -- A. The Rhetorical Triumph of Liberal Democratic Constitutionalism -- B. The New Authoritarianism and Shifting Patterns of Constitutional Borrowing -- C. The Significance of Abusive Constitutional Borrowing -- D. The Plan of the Rest of this Book -- 2. Democracy and Abusive Constitutional Change -- A. Abuse and Democracy -- B. Democracy and Liberalism -- C. The Many Forms of Abusive Constitutional Change
D. Conclusion -- 3. The Concept and Scope of Abusive Constitutional Borrowing -- A. The Who and What of Abusive Constitutional Borrowing -- B. Constitutional Comparison and Borrowing -- C. A Typology of Constitutional Borrowing -- D. Four Modes of Abusive Constitutional Borrowing -- 1. Sham Borrowing -- 2. Abusive Selective Borrowing -- 3. Abusive Acontextual Borrowing -- 4. Abusive Anti-​Purposive Borrowing -- E. Conclusion -- 4. The Abuse of Constitutional Rights -- A. Hate Speech and Memory Laws in Rwanda, Poland, and Russia -- B. Voting Rights in Hungary and Fiji
C. Gender Rights and Quotas in Rwanda -- D. Environmental Rights in Ecuador -- E. Conclusion -- 5. Abusive Judicial Review: Abusive Borrowing by and of Constitutional Courts -- A. Defining and Situating Abusive Judicial Review -- B. Abusive Judicial Review as a Regime Strategy: The 'Abuse of' Judicial Review -- C. Weak and Strong Forms of Abusive Judicial Review -- 1. Weak Abusive Judicial Review -- 2. Strong Abusive Judicial Review -- D. Abusive Judicial Review in Action: Two Case Studies -- 1. Venezuela and the Suppression of the Congress -- 2. Cambodia, Thailand, and Militant Democracy
E. The Limits of a Strategy of Abusive Judicial Review -- F. Conclusion -- 6. The Abuse of Constituent Power -- A. Constituent Power and Constitution-​Making in Latin America -- 1. Pro-​Democratic Usage: Colombia (1991) -- 2. Abusive Usages: Venezuela (1999) and Ecuador (2008) -- 3. Abusive End Game: The Venezuelan 'Constituent Assembly' of 2017 -- B. The Unconstitutional Constitutional Amendment Doctrine and Presidential Re-​Election in Latin America -- 1. Democratic Hedging in Colombia -- 2. Abusive Usage Elsewhere in Latin America
3. A Constitutional Right to Re-​Election: The Logic of Abusive Usage -- C. International Supports for Constituent Power -- 1. Unconstitutional Government Norms in Fiji -- 2. Constitutional Identity in Eastern Europe -- D. Conclusion -- 7. The Abusive Borrowing of Political Constitutionalism and Weak-​Form Judicial Review -- A. Political Constitutionalism and its Relatives -- B. The Abusive Borrowing of Political Constitutionalism in Eastern Europe -- C. Israel and the Abusive Borrowing of the New Commonwealth Model -- D. Conclusion -- 8. Can Abusive Borrowing Be Stopped?
Includes bibliographical references and index.
Oxford, United Kingdom ; New York, NY : Oxford University Press, 2021
6AB5A532-ACC7-4626-9414-BDCF9D471DC5 OverDrive, Inc.