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#1. Legal Whataboutism
Alvin Y.H. Cheung
Suppose that a regime incumbent wants to make changes to legal norms or institutions that cannot be disguised as administrative rules or otherwise hidden from view. How might it justify such changes to its subjects and to the outside world? The literature on “constitutional worst practices” and “isomorphic mimicry” suggests emulating “best” practices from other jurisdictions. Such emulation need not be thorough, or even sincere; it may suffice simply to assert that a proposed change resembles that in a jurisdiction with ironclad rule-of-law credentials – a form of legal “whataboutism.”
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