Populist Challenges to Constitutional Interpretation in Europe and Beyond

Populist Challenges to Constitutional Interpretation in Europe and Beyond
Author: Fruzsina Gárdos-Orosz
Publisher: Routledge
Total Pages: 309
Release: 2021-05-03
Genre: Business & Economics
ISBN: 1000386228

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This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Populism and Contemporary Democracy in Europe

Populism and Contemporary Democracy in Europe
Author: Josep Maria Castellà Andreu
Publisher: Springer Nature
Total Pages: 341
Release: 2022-04-12
Genre: Political Science
ISBN: 3030928845

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This book provides a comprehensive analysis of the impact of populism on the European democratic polity. In the last two decades, European democracies have come under strain amid growing populism. By asserting the superiority of the majority over the law, of direct democracy over representation, and claiming the necessity to defend national sovereignty against foreign interferences, the populist conception of democracy is in stark contrast with the longstanding Western notion of liberal democracy. This volume investigates populist attempts to radically change what Bobbio called the “rules of the game” of democracy from an eminently legal perspective. Weaving together normative and empirical analysis, the contributions focus on the institutions that have suffered the most from the rise of populism as well as those that have better resisted the populist tide. Special attention will be paid to the Venice Commission’s opinions and documents, as they represent the best European standards to evaluate the extent to which populism deviates from constitutional democracy requirements. The book also considers the responses of European States to the explosion of the COVID-19 pandemic. The COVID-19 pandemic has indeed been an accelerator of known and studied trends in most constitutional systems, such as the concentration of powers in the executive hands and the consequential loss of parliament's centrality. Various forms of populism across Europe have thus found an ideal breeding ground to implement their agenda of granting the executive broad regulatory and decision-making powers while loosening parliamentary and judicial checks. Against this backdrop, the book analyses how European democracies should adapt to the challenges posed by the pandemic, as this reflection can help respond to populist threats and propose a way forward for liberal democracy.

Constitutionalism beyond Liberalism

Constitutionalism beyond Liberalism
Author: Michael W. Dowdle
Publisher: Cambridge University Press
Total Pages: 375
Release: 2017-01-26
Genre: Law
ISBN: 1316943089

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Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.

Power to the People

Power to the People
Author: Mark V. Tushnet
Publisher: Oxford University Press
Total Pages: 297
Release: 2021
Genre: Law
ISBN: 0197606717

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Power to the People proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. By providing a series of case studies, some organized by nation, others by topic, the book identifies these populist inconsistencies with constitutionalism-and, importantly, when and how they are not. Opening a dialogue for the possibility of a deeper, populist democracy, the book examines recent challenges to the idea that democracy is agood form of government by exploring possibilities for new institutions that can determine and implement a majority's views without always threatening constitutionalism.

Populist Constitutionalism and Illiberal Democracies

Populist Constitutionalism and Illiberal Democracies
Author: Martin Belov
Publisher:
Total Pages: 378
Release: 2021
Genre: Democracy
ISBN: 9781839701399

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This book is a topical study of populist constitutionalism and illiberal democracies, exploring their roots in constitutional imagination as well as their normative entrenchment and performance in political reality. It provides insightful analysis of republican constitutionalism, focusing on the role of people in radical democracy and revolutionary constitutional reform. Furthermore, the outlook, adequacy and performance of constitutional principles in times of democratic ruptures are assessed. The contributors examine the rise of populist constitutionalism and the main trends that have led to the current, ongoing crises in liberal democracy. The book includes original analyses of populist constitutionalism from the viewpoint of emotions and constitutional imagination, as well as a special chapter devoted to the challenges posed to constitutional democracy by COVID-19. Combining theoretical contributions, comparative typologies and important case studies, the spread of populism and illiberal democracy in Europe is critically explored. Populist Constitutionalism and Illiberal Democracies is a timely contribution to the lively discussion surrounding constitutional law, comparative constitutional law, comparative constitutionalism and political science regarding the rise and spread of illiberal democracies, authoritarian political regimes and revolutionary, radical democratic and populist constitutionalism. With contributions by Martin Belov (University of Sofia 'St. Kliment Ohridski'), Agnieszka Bien-Kacala (Nicolaus Copernicus University in Torun), Paul Blokker (University of Bologna), Monica Bonini (Università degli Studi di Milano-Bicocca), Carlo Alberto Ciaralli (University 'G. d'Annunzio' of Chieti-Pescara), Eoin Daly (National University of Ireland), Gianmario Demuro (University of Cagliari), Tímea Drinóczi (University of Pécs), Wojciech Engelking (University of Warsaw), Angela Di Gregorio (University of Milano), Marcin Kilanowski (Nicolaus Copernicus University in Torun), Zoltán Pozsár-Szentmiklósy (ELTE Eötvös Loránd University), Przemyslaw Tacik (Jagiellonian University of Kraków), Anna Tarnowska (Nicolaus Copernicus University in Torun), Zoltan J. Toth (Károli Gáspár University), Julia Wesolowska (Jagiellonian University of Kraków) and Wojciech Wloch (Nicolaus Copernicus University in Torun).

The People’s Constitution

The People’s Constitution
Author: Akritas Kaidatzis
Publisher: Springer
Total Pages: 0
Release: 2024-11-27
Genre: Law
ISBN: 9783031718885

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The book explores in both theory and practice the challenges that various forms of populism pose to the dominant understandings of democratic representation and liberal constitutionalism. The volume brings together conceptual, analytical, and empirical dimensions of the relationship between populism and constitutional democracy. Moving beyond the dominant depiction of populism as “anti-pluralist”, scholars of legal and political theory, both well-known and early career researchers, discuss the paradoxes of constitutional democracy that populism brings to the surface, the complex role of the judiciary both as an enemy and as a potential ally of populism, the relationship between economic power and populism and ultimately the impasses of liberalism that populism forces us to revisit. These are highly topical issues that they have not been sufficiently explored in the literature. A significant asset of the volume is that it includes chapters on empirical studies from under-explored cases such as Southern Europe and the Balkans. Thus, the volume poses an original contribution to the existing literature on constitutional populism. Its originality along with the high quality of the research will make this book necessary for any constitutional and political theorist who aims to delve into the relationship between constitutionalism and populism.

Constitutional Democracy in Crisis?

Constitutional Democracy in Crisis?
Author: Mark A. Graber
Publisher: Oxford University Press
Total Pages: 352
Release: 2018-08-23
Genre: Law
ISBN: 0190889004

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Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

Populism: A Very Short Introduction

Populism: A Very Short Introduction
Author: Cas Mudde
Publisher: Oxford University Press
Total Pages: 152
Release: 2017-01-02
Genre: Political Science
ISBN: 0190234881

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Populism is a central concept in the current media debates about politics and elections. However, like most political buzzwords, the term often floats from one meaning to another, and both social scientists and journalists use it to denote diverse phenomena. What is populism really? Who are the populist leaders? And what is the relationship between populism and democracy? This book answers these questions in a simple and persuasive way, offering a swift guide to populism in theory and practice. Cas Mudde and Cristóbal Rovira Kaltwasser present populism as an ideology that divides society into two antagonistic camps, the "pure people" versus the "corrupt elite," and that privileges the general will of the people above all else. They illustrate the practical power of this ideology through a survey of representative populist movements of the modern era: European right-wing parties, left-wing presidents in Latin America, and the Tea Party movement in the United States. The authors delve into the ambivalent personalities of charismatic populist leaders such as Juan Domingo Péron, H. Ross Perot, Jean-Marie le Pen, Silvio Berlusconi, and Hugo Chávez. If the strong male leader embodies the mainstream form of populism, many resolute women, such as Eva Péron, Pauline Hanson, and Sarah Palin, have also succeeded in building a populist status, often by exploiting gendered notions of society. Although populism is ultimately part of democracy, populist movements constitute an increasing challenge to democratic politics. Comparing political trends across different countries, this compelling book debates what the long-term consequences of this challenge could be, as it turns the spotlight on the bewildering effect of populism on today's political and social life.

Constitutional Justice under Populism

Constitutional Justice under Populism
Author: Fruzsina Gárdos-Orosz
Publisher: Kluwer Law International B.V.
Total Pages: 397
Release: 2024-03-19
Genre: Law
ISBN: 9403520388

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Features: Since the subject-matter of the volume is by its approach of constitutional change in populism is an unexamined one, neither a monograph nor an edited volume on the effects of populism on a specific legal institution, one already facing different external challenges (financial crisis, migration, security crisis, Covid-19 etc. issues), has been published so far. The book follows a unique approach in the framework of populist constitutionalism studies, because it combines the following features: focuses on one of the greatest contemporary challenges to constitutional democracies; is authored by a pre-eminent scholar of Hungarian law; gives insight into the various problems of constitutional review, the transformation of the institution by constitution-making and legislation and its legal practice; and contributes to the theories of and knowledge on the impacts of external challenges, especially those created by political systems, on the constitution and law by focusing on studying the transformation of the Hungarian Constitutional Court. it provides additional information with high contextual value to the book edited by the author: Fruzsina Gárdos-Orosz, together with Kinga Zakariás, entitled: 30 Years of jurisprudence of the Hungarian Constitutional Court 1990-2020 (Nomos Verlag, Baden-Baden, 2022). Benefits: Because of the uniqueness of the topic of the book, its target group includes scholars and practitioners from all over the world who are interested in populism studies, comparative constitutional systems, and especially in Hungarian law and jurisprudence, as well as constitutional review. It will be an important reference, as it gives insight into the Hungarian ways of the legal treatment of the most urgent present-day challenges in the framework of populist constitutionalism. Both the various patterns of responding to the modern challenges and their analyses provided by this book should stimulate intensive academic discussion. University students of faculties of law and political science can also be interested in this book. Furthermore, judges, especially judges of constitutional courts and supreme courts could also be a target audience of the proposed book, due to the extensive relevance of the judicial dialogue in contemporary jurisprudence. Shared knowledge about the new methods of studying populist change, legislation and the reaction of the courts to it may be of wide interest. Keywords: constitutional review, constitutional justice in Hungary, Hungarian constitutional law, populism and courts, populism, illiberal democracy, Hungarian Constitutional Court, comparative constitutional review Author: Fruzsina GÁRDOS-OROSZ Fruzsina Gárdos-Orosz is director and research professor of the Institute for Legal Studies, Centre for Social Sciences and also professor of public law at the ELTE Law School in Budapest. She worked at the Hungarian Constitutional Court between 2003-2007 and 2010-2014 as law clerk in different positions. She has published extensively on the development of the Hungarian constitutional system, the constitutional complaint procedure and on the competence of the Constitutional Court. She has over 150 publications in Hungarian, English and French on the rule of law and the separation of powers, with regard to judicial review and the protection of human rights. https://jog.tk.hu/kutato/gardos-orosz-fruzsina

Multiple Populisms

Multiple Populisms
Author: Paul Blokker
Publisher: Routledge
Total Pages: 266
Release: 2019-09-17
Genre: Political Science
ISBN: 1351115723

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This book provides a comprehensive interpretation of the multiple manifestations of populism using Italy, the only country amongst consolidated constitutional democracies in which populist political forces have been in government on various occasions since the early 1990s, as the starting point and benchmark. Populism is a complex, multi-faceted political phenomenon which redefines many of the essential characteristics of democracy; participation, representation, and political conflict. This book considers contemporary versions of populism that pose a real challenge to representative and constitutional democracy. Contributors provide an integrative interpretation of populism and analyse its principal historical, social and politico-legal variables to provide a multi-dimensional reflection on the concept of populism, comprehensive analysis of the populist phenomenon and a theoretical and comparative perspective on the diverse political experiences of populism. Based on conceptual and interdisciplinary reflections from expert authors, this book will be of great interest to scholars and post-graduate students of cultural studies, European studies, political sociology, political science, comparative politics, political philosophy, and political theory with an interest in a comparative and interdisciplinary theory of populism and its manifestations.