Authoritarian Constitutionalism

Edited by Helena Alviar García, Professor, École de droit, Sciences Po, France and Günter Frankenberg, Emeritus Professor of Public Law, Philosophy of Law and Comparative Law, Institute for Public Law, Goethe University Frankfurt am Main, Germany

'The terms ''authoritarian constitutionalism'' may appear contradictory; but as this rich and far-reaching collection of essays demonstrates it is a widespread phenomenon which must be taken seriously at a time when democracy is under threat worldwide. This superb collection serves variously as an introduction to the topic, a penetrating theoretical and jurisprudential analysis, a new lens from which to view important debates about issues such as nationhood and inequality, and a global examination of the varying forms of authoritarian constitutionalism. It also sheds uncomfortable light on what we take to be exemplary, liberal and democratic constitutionalism. The result is the elaboration of an illuminating framework with which to study global and comparative constitutionalism.'--Tony Anghie, National University of Singapore and University of Utah, US'What if the liberal belief in a Constitution as safeguard and backbone of a democratic, inclusive and egalitarian society turned out to be wrong? The contributors to this extremely well-curated volume provide challenging evidence of the myriad ways in which constitutional texts and practices can and in fact do facilitate, endorse and empower authoritarianism. Calling for a critical reevaluation of liberal constitutionalism, this analysis - from Colombia to the US, Hungary to South Africa, Egypt to Singapore and Japan - is more than just an annotation at the margins of a self-involved, European script of ''global constitutionalism''. It emphasizes the need and value of connecting comparative constitutionalist local ethnographies in ''the North'', ''the South'', the ''West'' and ''the East'' with a thorough analysis of transnational regulatory dynamics.'--Peer Zumbansen, King's College London, UK and Osgoode Hall Law School, York University, Canada

• Contents:Preface Günter Frankenberg, Norman Spaulding, Helena Alviar García1. Authoritarian Constitutionalism – Coming to terms with modernity’s nightmaresGünter Frankenberg2. Neoliberalism as a form of Authoritarian ConstitutionalismHelena Alviar García3. Authoritarian Constitutionalism: The South African ExperienceDennis M. Davis4. Infrastructural Power and its Possibilities for the Constitutional Evolution of Authoritarian Political Systems: Lessons from ChinaMichael W. Dowdle5. Authoritarian Constitutionalism in the Islamic World-Theoretical Considerations and Comparative Observations on Syria and TurkeyOmar El Manfalouty6. Authoritarian Constitutionalism in Latin America: From Past to PresentRoberto Gargarella7. Authoritarianism and the Narrative Power of Constitutionalism in VenezuelaJorge González-Jácome 8. Authoritarian Constitutionalism in Liberal DemocraciesDuncan Kennedy9. French Authoritarian Constitutionalism and its LegacyEugénie Mérieau10. Plus ça change …the riddle of all Central Asian constitutionsScott Newton11. Constitution of False Prophecies: The Illiberal Transformation of HungaryMaximilian Pichl12. States of Authoritarianism in Liberal Democratic RegimesNorman W. Spaulding13. Arab Constitutionalism and the Formalism of Authoritarian ConstitutionalismNimer Sultany14. Authoritarian Liberalism as Authoritarian ConstitutionalismMichael A. Wilkinson15. An Authoritization of Japanese Constitutionalism?Hajime YamamotoIndex