Constitutional law’s rules and institutions have barely on their own been able to prevent democracies from backsliding. The question that then arises is how democracies can be saved from backsliding. This paper introduces opposition political parties as a tool for democratic revival. In modern authoritarian regimes, where some democratic openings are frequently prevalent, opposition political parties can make efficient use of their institutional leverages to push for democratic revival. In fact, when opposition political parties strategically confront authoritarian regimes, previously ineffective constitutional rules and institutions take a life of their own and show themselves to be effective as they are now provided with the political environment to operate freely. The ultimate aim of this paper is to force us to move away from traditional solutions espoused by legal scholars relating to constitutional law’s rules and institutions towards solutions in the political arena.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!