Disabling Constitutional Capacity: Global Economic Law and Democratic Decline

Mark Graber, Sandy Levinson and Mark Tushnet (eds.) Constitutional Democracy in Crisis? (Oxford University Press, Forthcoming)

21 Pages Posted: 10 Oct 2018

See all articles by David Schneiderman

David Schneiderman

University of Toronto - Faculty of Law

Date Written: September 19, 2018

Abstract

Voter turn out mostly is on the decline in liberal democracies. It may be that participation in elections makes less sense given the cramped policy space accorded to states following the spread of global economic law. Empirical evidence supports the proposition that many citizens are aware of legal limits on state capacity associated with economic globalization and may choose, as a consequence, to disengage from electoral politics. International investment law is taken up as an exemplar of the binding legal constraints contributing to this malaise. Differing responses have been offered by states, encompassing both resistance and compliance. Such responses are canvassed in a set of capsule country case studies. What are the prospects of rolling back these legal limits? It turns out that the Trump administration might be accomplishing this goal in the pursuit of its ‘America First’ agenda.

Keywords: globalization, comparative constitutional law, voter turnout, international investment law

Suggested Citation

Schneiderman, David, Disabling Constitutional Capacity: Global Economic Law and Democratic Decline (September 19, 2018). Mark Graber, Sandy Levinson and Mark Tushnet (eds.) Constitutional Democracy in Crisis? (Oxford University Press, Forthcoming). Available at SSRN: https://ssrn.com/abstract=3251833

David Schneiderman (Contact Author)

University of Toronto - Faculty of Law ( email )

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