Abusive Constitutional Borrowing

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Wednesday, 22 September 2021, online at 1pm Sydney time

Speakers: Professor Rosalind Dixon and Professor David Landau

In Abusive Constitutional Borrowing (Oxford Comparative Constitutionalism series, Oxford University Press, 2021), Rosalind Dixon* and David Landau** address current patterns of democratic retrenchment, and consider the role of legitimating ideologies that help support different modes of ‘abusive constitutionalism’.

With law fast globalising as a field, and with many lawyers, judges, and political leaders, engaged in a process of comparative ‘borrowing’, Dixon and Landau identify that this new form of legal globalisation has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies, but also 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. 

The discussion panel for this webinar will be the leaders of our research project, Associate Professor Adam Czarnota and Professor Martin Krygier, both of the University of New South Wales Faculty of Law & Justice, and Professor Wojciech Sadurski of the University of Sydney Law School.

The event is free, but registration is essential to gain access to this webinar.

Our project is co-hosting this talk with the Network for Interdisciplinary Studies of Law.

*Rosalind Dixon is a Professor of Law, at the Faculty of Law and Justice at University of New South Wales, Sydney, Australia. Her work focuses on comparative constitutional law and constitutional design, constitutional democracy, theories of constitutional dialogue and amendment, socio-economic rights and constitutional law and gender, and has been published in a range of books and leading journals in the US, Canada, the UK and Australia. She was formerly an assistant professor at the University of Chicago Law School and has been a visiting professor at the University of Chicago, Columbia Law School, Harvard Law School and the National University of Singapore. She 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 and Co-Director of the UNSW New Economic Policy Initiative at UNSW, and formerly co-president of the International Society of Public Law. 

**David Landau is Mason Ladd Professor and Associate Dean for International Programs at Florida State University College of Law. He is a scholar of 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. He has published in many journals including the University of Chicago Law Review and the Harvard Journal of International Law. Professor Landau’s work has been cited by the high courts of several countries, including the Supreme Court of Israel, the Supreme Court of Canada, the Constitutional Tribunal of Chile, and the Supreme Federal Tribunal of Brazil. Since 2012, he has been a founding editor of ICONnect, the blog of the International Journal of Constitutional Law. He holds an AB, JD, and PhD from Harvard University.