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Populist Constitutionalism and Illiberal Democracies: Between Constitutional Imagination, Normative Entrenchment and Political Reality

Populist Constitutionalism and Illiberal Democracies: Between Constitutional Imagination, Normative Entrenchment and Political Reality

Author: Martin Belov
Publisher: Intersentia Publishers
ISBN: 9781839700606
Published In: February 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Introduction

Martin Belov

PART I. Republican Constitutionalism: The Role of People in Radical Democracy

The People and the Lawgiver in Political Foundings

Radical Democracy and Revolutionary Reform: Looking for Solutions in Times of Democratic Disruption

PART II. Reassessing Constitutional Principles in Times of Democratic Ruptures

The Invisible Separation of Powers and the Control of the Central Political Power: Lessons from Hungary, Moldova and Romania

Rule of Law vs. Democracy: With Special Regard to the Case of Hungary

PART III. Populist Constitutionalism: Democracy in Crisis

The Degeneration of Contemporary Democracies as a New Phenomenology of Constitutional Transition

Between Law and Revolution: Is Populism Constitutional?

European Constitutional Order and Populist Legal Revolution: A Challenge for Western Liberal Democracies

PART IV. Populist Constitutionalism from the Viewpoint of Emotions and Constitutional Imagination

Populism, Constituent Power and Constitutional Imagination

Law and Emotions: Insights for the Study of Anti-Constitutional Populism

PART V. Challenges to Constitutional Democracy in Times of Covid-19 Constitutionalism and Beyond

The Role of Fear Politics in Global Constitutional ‘Ernstfall’: Images of Fear under COVID-19 Health Paternalism

Democracy and Human Rights in Illiberal Constitutionalism

PART VI. The Spread of Populism and Illiberal Democracy in Europe

Law, Revolution and Populism in Italy: The Path from Constitutional Resentment to Constitutional Renaissance

Polish Constitutionalism under Populist Rule: A Revolution without a Revolution

Representative Democracy in the Times of Populism: The Case of the Polish Parliament as a Delegated Power

The Roots and Guises of Legal Populism in Russia: The Narodniki, Statism and Legalism of Soviet Law and the Political Theology of Ivan Ilyin

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