Anti-Constitutional Populism

Erscheinungsjahr 2022
ISBN: 978-1-00-901380-2
Verlag: Cambridge University Press

Buch, Englisch, 350 Seiten, Paperback, Format (B × H): 152 mm x 229 mm, Gewicht: 823 g

Reihe: Cambridge Studies in Law and Society

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.

Autoren/Hrsg.

Czarnota, Adam

Krygier, Martin

Sadurski, Wojciech

Fachgebiete

• Rechtswissenschaften Öffentliches Recht

Inhaltsverzeichnis

Introduction: anti-constitutional populism Martin Krygier; Part I. Populisms: 1. Populist constitutionalism – between democracy and authoritarianism Bojan Bugaric; 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 Michal 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; 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.

Über Autor(innen)

Krygier, Martin
Martin Krygier is Gordon Samuels Professor of Law and Social Theory at the University of New South Wales, Honorary Professor at RegNet, Australian National University, and Senior Research Fellow at the Rule of Law Program, Central European University Democracy Institute. He has written extensively on the rule of law, its challenges and challengers.

Czarnota, Adam
Adam Czarnota is Associate Professor in the Faculty of Law and Justice, University of New South Wales, and Professor of Law and Director of the Centre for Legal Education and Social Theory, University of Wroclaw. He teaches philosophy and sociology of law as well as history of legal and political ideas and comparative law.

Sadurski, Wojciech
Wojciech Sadurski is Challis Professor of Jurisprudence at the University of Sydney Law School and Professor at the University of Warsaw, Centre for Europe. His interests include jurisprudence, legal theory, philosophy of law, political philosophy, constitutional theory, and comparative constitutionalism.