Auctoritas non veritas facit Legem; A Response to Professor Roberto Niembro’s Conceptualisation of Authoritarian Constitutionalism.

Blog of the IACL, AIDC

By Antoni Abat i Ninet, Professor of Comparative Constitutional Law at the University of Copenhagen’s Law School. This blog post is a response to Roberto Niembro’s post on authoritarian constitutionalism for the Global South in Comparative Constitutional Law. This post will be cross-posted to Voelkerrechtsblog as part of a collaboration between Voelkerrechtsblog and the blog of the International Association of Constitutional Law. 

At the beginning of the new century there are more constitutional democracies than ever, and authoritarian regimes seems to be weaker, isolated and more pointed and under pressure. Even so, the analysis of the relation between constitutionalism and authoritarianism continues to fascinate academics worldwide. This interest has different reasons, some of them related to the current majoritarian epistemological doctrine that links constitutionalism with democracy, freedom and equality. Today, we conceive of a constitution as a charter of rights and freedoms, as a synonym of legal and political…

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