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Populist Challenges to Constitutional Interpretation in Europe and Beyond

Populist Challenges to Constitutional Interpretation in Europe and Beyond

Author: Fruzsina Gárdos-Orosz; Zoltán Szente
Publisher: Routledge
ISBN: 9780367710132

Published In: January 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780367710095

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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. 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 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 analyzes 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.

PART I: Theoretical implications

Zoltán Szente - Populism and populist constitutionalism

Fruzsina Gárdos-Orosz and Zoltán Szente - The art of constitutional interpretation

Anna Gamper - An ‘Instrument of Government’ or ‘Instrument of Courts’? The Impact of Political Systems on Constitutional Interpretation and the Case of Populism

Mark Tushnet - Can There be Autochthonous Methods of Constitutional Interpretation?

PART II: Constitutional interpretation and populism in Europe

Konrad Lachmayer - Formalism and Judicial Self-Restraint as Tools Against Populism? Considerations Regarding Recent Developments of the Austrian Constitutional Court

Zdeněk Kühn - The Czech Constitutional Court in Times of Populism:From Judicial Activism to Judicial Self-Restraint

Djordje Gardasevic - Popular Initiatives, Populism and the Croatian Constitutional Court

Apostolos Vlachogiannis - Constitutional identity as a populist notion?

Fruzsina Gárdos-Orosz - Constitutional interpretation under the new Fundamental Law of Hungary

Gianmario Demuro and Riccardo Montaldo - The populist reforms in Italy and the instrument of the constitutionally conforming interpretation

Wojciech Brzozowski - Whatever works - Constitutional Interpretation in Poland in Times of Populism

Alexandra Mercescu Non sequiturs in Constitutional Adjudication: Populism or Epistemic Deficit?

Francisco Balaguer Callejón - Constitutional Interpretation and Populism: The case of Spain

John McEldowney - Populism, UK sovereignty, the rule of law and Brexit

PART III: An Outlook

Mark A. Graber - Born Populist: The Trump Administration, the Courts and the Constitution of the United States

Martin Loughlin - Constitutional Interpretation: What can Europeans learn from US debates?

Pablo Riberi - Populist and non-democratic reading of the Constitution

PART IV: Summary

Fruzsina Gárdos-Orosz and Zoltán Szente - Populist challenges to constitutional interpretation

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