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Anti-Constitutional Populism

Edited by Adam Czarnota · Martin Krygier · Wojciech Sadurski
Cambridge University Press March 2022

Specifications

ISBN-13
9781009013802
Publisher
Cambridge University Press
Publication
March 2022
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Around the world, populist parties have sprung up in formerly and formally liberal-democratic polities, challenging their existing political parties and leaders, and frequently overwhelming them. These challenges and successes were rarely predicted, arriving so soon after the wave of liberal democratic and constitutional enthusiasms, proclamations and institution-building which peaked in the 1990s. Bringing together scholars from law, political science and philosophy, this collection explores the character of contemporary populisms and their relationships to constitutional democracy. With contributors from around the world, it offers a diverse range of nuanced perspectives on populism as a global phenomenon. Using comparative and multi-disciplinary techniques, this book considers the specifics and similarities of populisms, and raises general questions about their nature and potential futures.

Table of Contents

Introduction: anti-constitutional populism
Martin Krygier
Part I. Populisms:
1. Populist constitutionalism – between democracy and authoritarianism
Bojan Bugarič
2. Anti-elitism and the constitution – some reflections on populist constitutionalism
Lucia Corso
3. Constitutional populism in South Africa
Theunis Roux
4. Subaltern populism – Dutertismo and the war on constitutional democracy
Richard Javad Heydarian
Part II. Courts:
5. Populism, Constitutional democracy, and high courts – lessons from the Venezuelan Case
Raul A. Sánchez Urribarrí
6. When Bolsonaro and the judges go shopping – how Brazil's legal elites opened the door for Bolsonaro's bad populism
Alexandre Fleck Soares Brandao
7. Disarming the guardians – the transformation of the Hungarian Constitutional Court after 2010
Eszter Bodnár
Part III. Anti-Constitutionalism After Post-Communism:
8. Conservative populism in defiance of anti-totalitarian constitutional democracy
Paul Blokker
9. Constitutional populism and the rule of law in Poland
Michał Stambulski
10. Populism or authoritarianism? A plaidoyer against illiberal or authoritarian constitutionalism
Gábor Halmai
Part IV. EU Responses:
11. Populism and the crisis of constitutional pluralism
Julian Scholtes
12. Populist constitutional grammar – between manipulative borrowing and bad (judicial) masters
Oreste Pollicino
Constitutional populism versus EU law: a much more complex story than you imagined
Dimitry Vladimirovich Kochenov and Barbara Grabowska-Moroz
Part V. Concluding Reflections:
14. Sources of constitutional populism – democracy, identity, and economic exclusion
Adam Czarnota
15. Institutional populism, courts and the European Union
Wojciech Sadurski
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