Year:

  1. The Machinery of International Law and Democratic Backsliding: The Problem of Term Limits.Tom Ginsburg - 2020 - The Law and Ethics of Human Rights 14 (1):1-18.
    Our era is one of democratic backsliding. International courts and institutions have provided some bulwark against this trend, but we are now witnessing leaders seeking to use international law to extend their power. Courts in several countries have relied on international human rights norms to facilitate term limit extensions by leaders seeking to retain power beyond what is constitutionally allowed. This Article documents these cases and calls for a more robust and substantive international law of democracy-protection.
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  2. Rights Revolution and Counter-Revolution: Democratic Backsliding and Human Rights in Hungary.Gábor Halmai - 2020 - The Law and Ethics of Human Rights 14 (1):97-123.
    The Article discusses the democratic backsliding after 2010 in Hungary, and how it affected the state of human rights in the country, a Member State of the European Union. The main argument of the Article is that paradoxically the non-legitimate 1989 constitution provided full-fledged protection of fundamental rights, while the procedurally legitimate 2011 constitution-making resulted in curtailment of rights and their constitutional guarantees. The Article first describes the democratic transition that occurred in 1989–1990 as a rights revolution and the results (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  3.  5
    Democratic Erosion, Populist Constitutionalism, and the Unconstitutional Constitutional Amendments Doctrine.Tamar Hostovsky Brandes & Yaniv Roznai - 2020 - The Law and Ethics of Human Rights 14 (1):19-48.
    The world is experiencing a crisis of constitutional democracies. Populist leaders are abusing constitutional mechanisms, such as formal procedures of constitutional change, in order to erode the democratic order. The changes are, very often, gradual, incremental, and subtle. Each constitutional change, on its own, may not necessarily amount to a serious violation of essential democratic values. Yet, when examined in the context of an ongoing process, such constitutional changes may prove to be part of the incremental, gradual process of democratic (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  4.  1
    Killing a Constitution with a Thousand Cuts: Executive Aggrandizement and Party-State Fusion in India.Tarunabh Khaitan - 2020 - The Law and Ethics of Human Rights 14 (1):49-95.
    Many concerned citizens, including judges, bureaucrats, politicians, activists, journalists, and academics, have been claiming that Indian democracy has been imperilled under the premiership of Narendra Modi, which began in 2014. To examine this claim, the Article sets up an analytic framework for accountability mechanisms liberal democratic constitutions put in place to provide a check on the political executive. The assumption is that only if this framework is dismantled in a systemic manner can we claim that democracy itself is in peril. (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  5.  1
    Illiberal Measures in Backsliding Democracies: Differences and Similarities Between Recent Developments in Israel, Hungary, and Poland.Yuval Shany & Mordechai Kremnitzer - 2020 - The Law and Ethics of Human Rights 14 (1):125-152.
    Around the world, many liberal democracies are facing in recent years serious challenges and threats emanating inter alia from the rise of political populism. Such challenges and threats are feeding an almost existential discourse about the crisis of democracy, and recent legal and political developments in Israel aimed at weakening the power of the Supreme Court and other rule of law institutions have also been described in such terms. This Article primarily intends to explore the relevance of the discourse surrounding (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
 Previous issues
  
Next issues