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28 Sw. J. Int'l L. 483 (2022-2023)
Resurgent Authoritarianism and the International Rule of Law

handle is hein.journals/sjlta28 and id is 499 raw text is: RESURGENT AUTHORITARIANISM AND THE INTERNATIONAL RULE OF LAW Wayne Sandholtz* ABSTRACT Modern rule of law and post-war constitutionalism are both anchored in rights-based limitations on state authority. Rule-of-law norms and principles, at both domestic and international levels, are designed to protect the freedom and dignity of the person. Given this thick conception of the rule of law, authoritarian practices that remove constraints on domestic political leaders and weaken mechanisms for holding them accountable necessarily erode both domestic and international rule of law. Drawing on research on authoritarian politics, this study identifies three core elements of authoritarian political strategies: subordination of the judiciary, suppression of independent news media and freedom of expression, and restrictions on the ability ofcivil society groups to organize and participate in public life. Each of these three practices has become increasingly common in recent years. This study offers a composite measure of the core authoritarian practices and uses it to identify the countries that have shown the most marked increases in authoritarianism. The spread and deepening of these authoritarian practices in diverse regimes around the world diminish international rule of law, as it has developed in the post-Cold War international legal order. INTRODUCTION.................................................................................. 484 INTERNATIONAL RULE OF LAW ........................................................ 485 HUMAN RIGHTS, THE RULE OF LAW, AND CONSTITUTIONALISM....... 487 International rule of law ........................................................ 488 Global constitutionalism........................................................ 489 * Wayne Sadnholtz is a member of the faculty in the Department of Political Science and International Relations and the Gould School of Law at the University of Southern California. He is grateful to Robert Lutz for many years of fruitful and genial interactions. 483

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