Regressive Legal Mobilization and Global Constitutionalism

In recent years, principles and emerging institutions of global constitutionalism have been challenged by regressive legal mobilization. Regressive legal mobilization describes the use of law and courts for the purpose of reversing legal protections. Examples include strategic litigation against minority rights or amicus curiae briefs in international court cases. New transnational coalitions (e.g. between Russian orthodox, US evangelical, and European right-wing groups) have emerged sharing legal expertise, infrastructures and financial support. These developments have not yet been sufficiently addressed by political theorists. The paper discusses how regressive legal mobilization challenges principles and institutions of global constitutionalism and how democracies might counter such developments.