1989–2019: From democratic to abusive constitutional borrowing

Dixon, Rosalind; Landau, David

doi:10.1093/icon/moz038

Cited by 13 publications

(8 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…In other words, it is a precondition for their criticism (Kennedy, 2006: 46–62). In line with this observation, many have pointed out that there currently seems to be “no richly-conceptualised alternative ideology with potential global appeal contesting the global constitutionalist grammar” (Kumm et al, 2017: 4; see also Dixon and Landau, 2019: 496; Cohen, 2019: 246). Moreover, national self-assertions through practices of (abusive) borrowing are far from new (Kumm et al, 2017: 9).…”

Section: The Antinomies Of Legal Globalization: Three Dilemmasmentioning

confidence: 94%

“…If successful, this assertiveness might entail a shift and potential reversal in the transnational flow of constitutional ideas from the center to the (semi-)periphery (see Roberts, 2017: 16). Indeed, some point to the influence already exerted by the Chinese model on different strands of constitutional authoritarianism (Dixon and Landau, 2019: 491). However, while we cannot rule out the rise of a global legal culture “with Chinese characteristics,” it is less clear if that would also entail a new “mode” of legal-constitutional thought—as suggested by some of its proponents—or rather a revival of old ideas for new purposes.…”

Section: Conclusion: the Semi-periphery Talks Back—but What Does It H...mentioning

confidence: 99%

See 1 more Smart Citation

The Dilemmas of Self-Assertion: Chinese Political Constitutionalism in a Globalized World

Brang

2021

Modern China

View full text Add to dashboard Cite

Political constitutionalism emerged on the Chinese academic scene in the mid-2000s as a countermovement to the rights-based, court-centered, and textual mainstream in Chinese constitutional scholarship. On the surface, it has launched a biting and sophisticated critique of academic and institutional Westernization and reasserted a sense of Chinese constitutional particularity. However, contrary to its intellectual self-representation as a genuinely Chinese phenomenon, the movement’s academic formation, methodological agenda, and theoretical vocabulary are inseparable from global ideological trends and draw heavily on European and American precedents. Consequently, the movement is troubled by a set of performative contradictions. These include the contradiction between its transnational genealogy and nationalist agenda; its pluralist theoretical makeup and anti-pluralist political rhetoric; as well as its putatively value-neutral sociological methodology and the politically selective application of said methodology. These antinomies, I argue, speak to the recurring dilemmas of “national” self-assertion in a globalized world.

show abstract

Section: The Antinomies Of Legal Globalization: Three Dilemmasmentioning

confidence: 94%

Section: Conclusion: the Semi-periphery Talks Back—but What Does It H...mentioning

confidence: 99%

The Dilemmas of Self-Assertion: Chinese Political Constitutionalism in a Globalized World

Brang

2021

Modern China

View full text Add to dashboard Cite

show abstract

“…227 See Blokker, supra note 221, 545-8 take to the machinery of constitutional government is more obviously concerned with a oneway push rather than with the discovery of a new equilibrium. The practical constitutional strategies of populists, which may involve 'abusive borrowing' from both autocratic and liberal-democratic regimes, 228 range from the 'circumvention 'of existing rules and procedures deemed to present a skewed inheritance to the broader 'commandeering' of the general process of constitutional revision and renewal in name of their own unimpeachable vision. 229 Prominent amongst these various measures are reforms of the selection, tenure and jurisdiction of senior judges that compromise their political independence, removal of impediments to the exercise of executive authority, denial of freedom of information, manipulation of media ownership laws, and changes in electoral law favouring the incumbent government.…”

Section: (F) Reductionmentioning

confidence: 99%

The sovereignty surplus

Walker

2020

International Journal of Constitutional Law

View full text Add to dashboard Cite

This Foreword article aims to rescue the sovereignty concept from the conflicted center of irresoluble debates about the resilience and value of the state form. The idea of a “sovereignty surplus” shifts the focus of inquiry towards sovereignty as a deep frame of legal and political thought and action. It evokes how sovereigntist thinking, in tandem with the techniques of modern constitutionalism, spills over beyond its threshold modern achievement of imagining and securing the paramount authority of the state system. The sovereignty surplus manifests itself in part as a “surfeit” of sovereignty—an overabundance of new sovereignty claims emerging in new sub-state and supra-state contexts—but it also captures sovereignty’s augmented reworking in existing contexts. The sovereignty frame, then, while resilient in its general form and settled in its statist locus, is capable of and susceptible to adjustment and redeployment in the face of new internal and external pressures. It harbors an excess that allows its component elements to be fleshed out, modified, and diversified so as both to absorb and reshape shifting sources and assertions of political authority. These movements are captured by examining the contemporary interaction amongst the five “R”s: the recomposition, raising, rationing, reinforcement, and reduction of sovereignty.

show abstract

“…65 The failure 60 See in particular Landau and Dixon (2020), pp. 1313-1387Dixon and Landau (2019), pp. 489-496.…”

Section: Introductionmentioning

confidence: 99%

The Court of Justice of the European Union in the Case Law of the Polish Constitutional Court: The Current Breakdown in View of Polish Constitutional Jurisprudence Pre-2016

Sołtys

2022

Hague J Rule Law

View full text Add to dashboard Cite

The current crisis in the relationship between the Polish Constitutional Court and the Court of Justice of the European Union (ECJ) is of crucial significance for the process of regional integration based on the values of liberal democracy taking place in the EU. The constitutional crisis in Poland that began in the end of 2015 has challenged the systemic position of the Polish Constitutional Court. It resulted in a new model of constitutional adjudication, and in this new model the Constitutional Court, stripped of its counter-majoritarian power, cannot be perceived as the guardian of liberal democracy. This article postulates that the assessment of the present case law of the Polish Constitutional Court in European matters is made through the prism of the Constitutional Court’s jurisprudence pre-2016 (i.e. before the constitutional crisis). Based on that assumption, the current reversal in the case law of the Polish Constitutional Court concerning the ECJ is analysed and assessed. It is argued that the root cause of the constitutional crisis in Poland is the departure from the principles of liberal democracy in the jurisprudence of the Constitutional Court, which are foundational—in light of the assumptions of the integration process—for the axiological identity of the EU and its Member States. This article also shows how the principles and concepts developed in the Polish constitutional jurisprudence pre-2016 could have served to avoid the current conflict with the ECJ, and how those notions are misused in the current jurisprudence of the Polish Constitutional Court.

show abstract

1989–2019: From democratic to abusive constitutional borrowing

Cited by 13 publications

References 0 publications

The Dilemmas of Self-Assertion: Chinese Political Constitutionalism in a Globalized World

The Dilemmas of Self-Assertion: Chinese Political Constitutionalism in a Globalized World

The sovereignty surplus

The Court of Justice of the European Union in the Case Law of the Polish Constitutional Court: The Current Breakdown in View of Polish Constitutional Jurisprudence Pre-2016

Contact Info

Product

Resources

About