Illiberal Constitutionalism: A Contradiction in Terms?

25 Pages Posted: 11 Dec 2020

See all articles by Justin O. Frosini

Justin O. Frosini

Bocconi University - Department of Law; Johns Hopkins University - SAIS Europe

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Date Written: July 31, 2020

Abstract

The article begins by addressing the very concept of constitutionalism. In this paper the two authors argue that the unwritten historical constitution needs to be revitalized and that, whatever its drawbacks, liberal democracy is still the best way to protect individual rights. The article highlights those events where the IACL research team debated the recurrent menace to liberal constitutionalism such as neo-liberalism, unelected power, corruption and eco-authoritarianism. The article ends with a question: has the Covid-19 pandemic led to further democratic retrogression or has it actually strengthened democratic regimes?

Suggested Citation

Frosini, Justin Orlando, Illiberal Constitutionalism: A Contradiction in Terms? (July 31, 2020). Bocconi Legal Studies Research Paper No. 3747102, Available at SSRN: https://ssrn.com/abstract=3747102

Justin Orlando Frosini (Contact Author)

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Johns Hopkins University - SAIS Europe ( email )

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