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Part I History, Methodology, And Typology, Ch.5 Constitutionalism in Illiberal Polities

Li-Ann Thio

From: The Oxford Handbook of Comparative Constitutional Law

Edited By: Michel Rosenfeld, András Sajó

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 13 August 2020

The idea of ‘constitutionalism in illiberal polities’ appears oxymoronic, insofar as constitutionalism is considered the antidote to tyranny, and illiberalism, its instrument.1 Walker proposed the existence of a category of ‘non-liberal constitutionalism’;2 to dismiss this as hostile to the constitutionalist enterprise is oversimplistic but unsurprising, as the dominant model of liberal constitutionalism is often treated as synonymous with constitutionalism itself.3 This occludes pre-liberal versions of ‘ancient’ constitutionalism and extant non-liberal models....
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