How to Save a Constitutional Democracy. Jakab, A. International Journal of Constitutional Law, 16(4):1352–1357, December, 2018. Paper doi abstract bibtex Liberal democracy seems to have declined in recent years in several countries around the world, including member states of the European Union,1 and public and scholarly discourse expresses the fear that it can happen elsewhere, also in established democracies.2 These developments have been cited as “illiberal” turn,3 “anti-constitutional populist backsliding,”4 “decline of liberal constitutionalism,”5 “de-democratization,”6 “erosion of democracy and constitutionalism,”7 “regression of democracy,”8 and “democratic deconsolidation.”9 A number of alarming concrete examples, such as the weakening of the separation of powers (most worryingly manifested in attacks on the independence of the judiciary),10 limitations placed on media freedom, or attacks on non-governmental organizations (NGOs), are being applied in well-functioning liberal democracies, sometimes gradually in a series of steps.11 Some measures involve legal changes; others are a matter of administrative and political practices. Sometimes the measures are (almost) entirely legal,12 and changes are disguised as reforms,13 thereby making it extremely difficult for external observers to identify what is actually happening.14 Taken together, and considering the social–political contexts in which they occur, these changes can have a significant detrimental effect on democracy.15
@article{jakab_how_2018,
title = {How to {Save} a {Constitutional} {Democracy}},
volume = {16},
issn = {1474-2640},
url = {https://doi.org/10.1093/icon/moy107},
doi = {10.1093/icon/moy107},
abstract = {Liberal democracy seems to have declined in recent years in several countries around the world, including member states of the European Union,1 and public and scholarly discourse expresses the fear that it can happen elsewhere, also in established democracies.2 These developments have been cited as “illiberal” turn,3 “anti-constitutional populist backsliding,”4 “decline of liberal constitutionalism,”5 “de-democratization,”6 “erosion of democracy and constitutionalism,”7 “regression of democracy,”8 and “democratic deconsolidation.”9 A number of alarming concrete examples, such as the weakening of the separation of powers (most worryingly manifested in attacks on the independence of the judiciary),10 limitations placed on media freedom, or attacks on non-governmental organizations (NGOs), are being applied in well-functioning liberal democracies, sometimes gradually in a series of steps.11 Some measures involve legal changes; others are a matter of administrative and political practices. Sometimes the measures are (almost) entirely legal,12 and changes are disguised as reforms,13 thereby making it extremely difficult for external observers to identify what is actually happening.14 Taken together, and considering the social–political contexts in which they occur, these changes can have a significant detrimental effect on democracy.15},
number = {4},
urldate = {2022-08-05},
journal = {International Journal of Constitutional Law},
author = {Jakab, András},
month = dec,
year = {2018},
pages = {1352--1357},
}
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