By Roberto Niembro, cochair of the ICON-S Mexican Chapter. This post is cross-posted from Voelkerrechtsblog as part of a collaboration between Voelkerrechtsblog and the blog of the International Association of Constitutional Law.
Authoritarian constitutionalism is a new category used by constitutional law scholars to refer to a distinct type of regime wherein there are faulty practices and a constitution with an authoritarian content. With these characteristics in mind it seems contradictory to talk about “constitutionalism”. In this post I introduce a different understanding of authoritarian constitutionalism.
For Mark Tushnet, authoritarian constitutionalism is an intermediate normative model between liberal constitutionalism and authoritarianism that has moderately strong normative commitments to constitutionalism. According to the author, this is a conceptual possibility that has some connection to empirical reality, but not a precise claim about any system.
I want to clarify at the outset that my work on authoritarian constitutionalism is not an…
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