Constitutional Populism

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Populist Challenges to Constitutional Interpretation in Europe and Beyond

Author : Fruzsina Gárdos-Orosz
Publisher : Routledge
ISBN 13 : 1000386228
Total Pages : 309 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Populist Challenges to Constitutional Interpretation in Europe and Beyond by : Fruzsina Gárdos-Orosz

Download or read book Populist Challenges to Constitutional Interpretation in Europe and Beyond written by Fruzsina Gárdos-Orosz and published by Routledge. This book was released on 2021-05-03 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Populist Constitutionalism and Illiberal Democracies

Author : Martin Belov
Publisher :
ISBN 13 : 9781839701399
Total Pages : 378 pages
Book Rating : 4.7/5 (13 download)

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Book Synopsis Populist Constitutionalism and Illiberal Democracies by : Martin Belov

Download or read book Populist Constitutionalism and Illiberal Democracies written by Martin Belov and published by . This book was released on 2021 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

Italian Populism and Constitutional Law

Author : Giacomo Delledonne
Publisher : Springer Nature
ISBN 13 : 3030374017
Total Pages : 314 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Italian Populism and Constitutional Law by : Giacomo Delledonne

Download or read book Italian Populism and Constitutional Law written by Giacomo Delledonne and published by Springer Nature. This book was released on 2020-02-25 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores the relationship between constitutionalism and populism in the Italian context. Italian populism is of interest to comparative lawyers for many reasons. Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state. After the 2018 general election, it has turned into the first European country in which two self-styled populist parties formed a coalition government. Although it collapsed in August 2019, many issues that it had raised remain. Secondly, as Italy is a founding member of the European Communities, the constitutional implications of populist politics have to be considered not only within the national framework but also in a wider context. This book argues that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), offering a kind of constitutional counter-narrative.

Constitutional Change and Popular Sovereignty

Author : Maria Cahill
Publisher : Routledge
ISBN 13 : 1000395634
Total Pages : 226 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Constitutional Change and Popular Sovereignty by : Maria Cahill

Download or read book Constitutional Change and Popular Sovereignty written by Maria Cahill and published by Routledge. This book was released on 2021-07-15 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection focuses on the particular nexus of popular sovereignty and constitutional change, and the implications of the recent surge in populism for systems where constitutional change is directly decided upon by the people via referendum. It examines different conceptions of sovereignty as expressed in constitutional theory and case law, including an in-depth exploration of the manner in which the concept of popular sovereignty finds expression both in constitutional provisions on referendums and in court decisions concerning referendum processes. While comparative references are made to a number of jurisdictions, the primary focus of the collection is on the experience in Ireland, which has had a lengthy experience of referendums on constitutional change and of legal, political and cultural practices that have emerged in association with these referendums. At a time when populist pressures on constitutional change are to the fore in many countries, this detailed examination of where the Irish experience sits in a comparative context has an important contribution to make to debates in law and political science.

Anti-Constitutional Populism

Author : Martin Krygier
Publisher : Cambridge University Press
ISBN 13 : 1009033344
Total Pages : 577 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Anti-Constitutional Populism by : Martin Krygier

Download or read book Anti-Constitutional Populism written by Martin Krygier and published by Cambridge University Press. This book was released on 2022-03-31 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Filtering Populist Claims to Fight Populism

Author : Giuseppe Martinico
Publisher : Cambridge University Press
ISBN 13 : 110849613X
Total Pages : 225 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Filtering Populist Claims to Fight Populism by : Giuseppe Martinico

Power to the People

Author : Mark Tushnet
Publisher : Oxford University Press
ISBN 13 : 0197606733
Total Pages : 297 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis Power to the People by : Mark Tushnet

Download or read book Power to the People written by Mark Tushnet and published by Oxford University Press. This book was released on 2021-11-22 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Self-described populist leaders around the world are dismantling their nation's constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. Context and detail matter. Power to the People offers a thin definition of constitutionalism that people from the progressive left to the conservative right should be able to agree on even if they would supplement the thin definition within other more partisan ideas. This is followed by a similarly basic definition of populism. Comparing the two, this book argues that one facet of populism -its suspicion of institutions that are strongly entrenched against change by political majorities-is sometimes inconsistent with constitutionalism's thinly understood definition. The book provides a series of case studies, some organized by nation, others by topic, to identify, more precisely, when and how populist programs are inconsistent with constitutionalism-and, importantly, when and how they are not. Concluding with a discussion of the possibilities for a deeper, populist democracy, the book examines recent challenges to the idea that democracy is a good form of government by exploring possibilities for new, albeit revisable, institutions that can determine and implement a majority's views without always threatening constitutionalism.

Populism and Civil Society

Author : Andrew Arato
Publisher : Oxford University Press
ISBN 13 : 0197526586
Total Pages : 321 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Populism and Civil Society by : Andrew Arato

Download or read book Populism and Civil Society written by Andrew Arato and published by Oxford University Press. This book was released on 2021 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Populism : why and why now? -- Populism as mobilization and as a party -- Populist governments and their logic -- Populism and constitutionalism -- Alternatives to populism.

Revolutionary Constitutions

Author : Bruce Ackerman
Publisher : Harvard University Press
ISBN 13 : 0674238842
Total Pages : 432 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Revolutionary Constitutions by : Bruce Ackerman

Download or read book Revolutionary Constitutions written by Bruce Ackerman and published by Harvard University Press. This book was released on 2019-05-13 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering insights into the origins, successes, and threats to revolutionary constitutionalism, Bruce Ackerman takes us to India, South Africa, Italy, France, Poland, Burma, Israel, Iran, and the U.S. and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy.

Populism: A Very Short Introduction

Author : Cas Mudde
Publisher : Oxford University Press
ISBN 13 : 019023489X
Total Pages : 160 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Populism: A Very Short Introduction by : Cas Mudde

Download or read book Populism: A Very Short Introduction written by Cas Mudde and published by Oxford University Press. This book was released on 2017-01-02 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Oxford Handbook of Populism

Author : Cristóbal Rovira Kaltwasser
Publisher : Oxford University Press
ISBN 13 : 0198803567
Total Pages : 737 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Oxford Handbook of Populism by : Cristóbal Rovira Kaltwasser

Download or read book The Oxford Handbook of Populism written by Cristóbal Rovira Kaltwasser and published by Oxford University Press. This book was released on 2017 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook presents state of the art research on populism from the perspective of Political Science.

What Is Populism?

Author : Jan-Werner Müller
Publisher : University of Pennsylvania Press
ISBN 13 : 0812248988
Total Pages : 136 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis What Is Populism? by : Jan-Werner Müller

Download or read book What Is Populism? written by Jan-Werner Müller and published by University of Pennsylvania Press. This book was released on 2016-09-19 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This work argues that at populism's core is a rejection of pluralism. Populists will always claim that they and they alone represent the people and their true interests. Müller also shows that, contrary to conventional wisdom, populists can govern on the basis of their claim to exclusive moral representation of the people: if populists have enough power, they will end up creating an authoritarian state that excludes all those not considered part of the proper 'people.' The book proposes a number of concrete strategies for how liberal democrats should best deal with populists and, in particular, how to counter their claims to speak exclusively for 'the silent majority' or 'the real people'"--Provided by the publisher.

Judicial Power

Author : Christine Landfried
Publisher : Cambridge University Press
ISBN 13 : 1108425666
Total Pages : 411 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Judicial Power by : Christine Landfried

Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.

Filtering Populist Claims to Fight Populism

Author : Giuseppe Martinico
Publisher : Cambridge University Press
ISBN 13 : 1108853439
Total Pages : 225 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Filtering Populist Claims to Fight Populism by : Giuseppe Martinico

Download or read book Filtering Populist Claims to Fight Populism written by Giuseppe Martinico and published by Cambridge University Press. This book was released on 2021-11-25 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new wave of populism that has emerged over the last five years in Europe and in the US urgently needs to be better understood in a comparative and historical context. Using Italy – including the experiment of a self-styled populist coalition government – as a case study, this book investigates how populists in power borrow, use and manipulate categories of constitutional theory and instruments of constitutional law. Giuseppe Martinico goes beyond treating constitutionalism and populism as purely antithetical to dive deeply into the impact of populism on the activity of some instruments of constitutional democracy, endeavoring to explore their role as possible fora of populist claims and targets of populist attacks. Most importantly, he points to ways in which constitutional democracies can channel populist claims without jeopardizing the legacy of post-World War II constitutionalism. This book is aimed at academics and practicing lawyers interested in populism and comparative constitutional law.

The Rise of Populist Nationalism

Author : Margit Feischmidt
Publisher : Central European University Press
ISBN 13 : 9633863325
Total Pages : 310 pages
Book Rating : 4.6/5 (338 download)

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Book Synopsis The Rise of Populist Nationalism by : Margit Feischmidt

Download or read book The Rise of Populist Nationalism written by Margit Feischmidt and published by Central European University Press. This book was released on 2020-02-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors of this book approach the emergence and endurance of the populist nationalism in post-socialist Eastern Europe, with special emphasis on Hungary. They attempt to understand the reasons behind public discourses that increasingly reframe politics in terms of nationhood and nationalism. Overall, the volume attempts to explain how the new nationalism is rooted in recent political, economic and social processes. The contributors focus on two motifs in public discourse: shift and legacy. Some focus on shifts in public law and shifts in political ethno-nationalism through the lens of constitutional law, while others explain the social and political roots of these shifts. Others discuss the effects of legacy in memory and culture and suggest that both shift and legacy combine to produce the new era of identity politics. Legal experts emphasize that the new Fundamental Law of Hungary is radically different from all previous Hungarian constitutions, and clearly reflects a redefinition of the Hungarian state itself. The authors further examine the role of developments in the fields of sociology and political science that contribute to the kind of politics in which identity is at the fore.

In Defense of Populism

Author : Donald T. Critchlow
Publisher : University of Pennsylvania Press
ISBN 13 : 0812297733
Total Pages : 233 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis In Defense of Populism by : Donald T. Critchlow

Download or read book In Defense of Populism written by Donald T. Critchlow and published by University of Pennsylvania Press. This book was released on 2020-11-27 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to warnings about the dangers of populism, Donald F. Critchlow argues that grassroots activism is essential to party renewal within a democratic system. Grassroots activism, presenting a cacophony of voices calling for reform of various sorts without programmatic coherence, is often derided as populist and distrusted by both political parties and voters. But according to Donald T. Critchlow, grassroots movements are actually responsible for political party transformation, both Democratic and Republic, into instruments of reform that reflect the interests, concerns, and anxieties of the electorate. Contrary to popular discourse warning about the dangers of populism, Critchlow argues that grassroots activism is essential to party renewal within a democratic system. In Defense of Populism examines movements that influenced Republican, Democratic, and third-party politics—from the Progressives and their influence on Teddy Roosevelt, to New Dealers and FDR, to the civil rights, feminist, and environmental movements and their impact on the Democratic Party, to the Reagan Revolution and the Tea Party. In each case, Critchlow narrates representative biographies of activists, party leaders, and presidents to show how movements become viable calls for reform that get translated into policy positions. Social tensions and political polarization continue to be prevalent today. Increased social disorder and populist outcry are expected whenever political elites and distant bureaucratic government are challenged. In Defense of Populism shows how, as a result of grassroots activism and political-party reform, policy advances are made, a sense of national confidence is restored, and the belief that American democracy works in the midst of crisis is affirmed.

Presidents, Populism, and the Crisis of Democracy

Author : William G. Howell
Publisher : University of Chicago Press
ISBN 13 : 022672882X
Total Pages : 276 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis Presidents, Populism, and the Crisis of Democracy by : William G. Howell

Download or read book Presidents, Populism, and the Crisis of Democracy written by William G. Howell and published by University of Chicago Press. This book was released on 2020-07-14 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: To counter the threat America faces, two political scientists offer “clear constitutional solutions that break sharply with the conventional wisdom” (Steven Levitsky, New York Times–bestselling coauthor of How Democracies Die). Has American democracy’s long, ambitious run come to an end? Possibly yes. As William G. Howell and Terry M. Moe argue in this trenchant new analysis of modern politics, the United States faces a historic crisis that threatens our system of self-government—and if democracy is to be saved, the causes of the crisis must be understood and defused. The most visible cause is Donald Trump, who has used his presidency to attack the nation’s institutions and violate its democratic norms. Yet Trump is but a symptom of causes that run much deeper: social forces like globalization, automation, and immigration that for decades have generated economic harms and cultural anxieties that our government has been wholly ineffective at addressing. Millions of Americans have grown angry and disaffected, and populist appeals have found a receptive audience. These were the drivers of Trump’s dangerous presidency, and they’re still there for other populists to weaponize. What can be done? The disruptive forces of modernity cannot be stopped. The solution lies, instead, in having a government that can deal with them—which calls for aggressive new policies, but also for institutional reforms that enhance its capacity for effective action. The path to progress is filled with political obstacles, including an increasingly populist, anti-government Republican Party. It is hard to be optimistic. But if the challenge is to be met, we need reforms of the presidency itself—reforms that harness the promise of presidential power for effective government, but firmly protect against that power being put to anti-democratic ends.