Illiberal Constitutionalism: Viable Alternative or Nemesis of the Modern Constitutional Ideal?
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Description
Illiberal constitutionalism has spread recently in various parts of the world, raising the question of whether it is a viable alternative to its liberal counterpart or a pathway to authoritarianism. “Liberal” and “illiberal” are contested terms, and liberal constitutions are compatible not only with philosophical liberalism but also with republicanism, pluralism, and certain kinds of liberal communitarianism. Contemporary examples of illiberal constitutionalism fall into three different types: communal-based, such as the one in Singapore; populist-based, such as that in Orban's Hungary; and opportunistic, such as that invoked by Trump and Bolsonaro. Philosophically, illiberal constitutionalism works well with Karl Schmitt's anti-liberal and anti-pluralist political theology. Ultimately, unlike its communal-based counterpart, the populist kind of illiberal constitutionalism fails to conform with the four pillars deployed by liberal constitutionalism and looms as a pathway to authoritarianism.
ISBN
978 1 03530 640 4
Book Title
Comparative Constitutional Theory
Editor(s)
Gary Jacobsohn, Miguel Schor
Start Page
23
Publication Date
11-20-2025
Publisher
Edward Elgar Publishing
Keywords
Authoritarianism, Democracy, Globalization, Kulturkampf, Liberal and illiberal constitutionalism, Pluralism, Populism
Disciplines
Comparative and Foreign Law | Constitutional Law | Law
Recommended Citation
Rosenfeld, Michel, "Illiberal Constitutionalism: Viable Alternative or Nemesis of the Modern Constitutional Ideal?" (2025). Book Chapters. 117.
https://larc.cardozo.yu.edu/faculty-chapters/117
