Couverture / Jaquette

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.

Note biographique

Rosalind Dixon is a Professor of Law at UNSW, Sydney, Australia. She is co-editor, with Tom Ginsburg, of a leading handbook, Comparative Constitutional Law (Edward Elgar, 2011) and related volumes, Comparative Constitutional Law in Asia (Edward Elgar, 2014), and Comparative Constitutional Law in Latin America (Edward Elgar, 2017). Professor Dixon is a Manos Research Fellow, Director of the Gilbert + Tobin Centre of Public Law, Deputy Director of the Herbert Smith Freehills Initiative on Law and Economics, Co-Director of the UNSW New Economic Equality Initiative (NEEI), and academic co-lead of the Grand Challenge on Inequality at UNSW. She was recently elected as co-president of the International Society of Public Law.

Professor Landau is a recognized scholar on constitutional theory, constitutional design and comparative constitutional law. His recent work has focused on a range of issues with contemporary salience both in the United States and elsewhere around the world, including constitutional change and constitution-making, judicial role and the enforcement of rights, impeachment, and the erosion of democracy. His scholarship is interdisciplinary, combining insights from law and political science. Professor Landau has published in leading law journals including the University of Chicago Law Review, the Iowa Law Review, the George Washington Law Review, and the Harvard International Law Journal. He has previously published several books and edited volumes with Oxford University Press and Edward Elgar Press.

Table des matières

• 1: Introduction: A Dark Side of Comparative Constitutional Law


• 2: Democracy and Abusive Constitutional Change


• 3: The Concept and Scope of Abusive Constitutional Borrowing


• 4: The Abuse of Constitutional Rights


• 5: Abusive Judicial Review


• 6: The Abuse of Constituent Power


• 7: The Abusive Borrowing of Political Constitutionalism and Weak-Form Judicial Review


• 8: Can Abusive Borrowing Be Stopped?

Détails