Italian Populism and Constitutional Law

Italian Populism and Constitutional Law
Author: Giacomo Delledonne
Publisher: Springer Nature
Total Pages: 314
Release: 2020-02-25
Genre: Political Science
ISBN: 3030374017

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.

Filtering Populist Claims to Fight Populism

Filtering Populist Claims to Fight Populism
Author: Giuseppe Martinico
Publisher: Cambridge University Press
Total Pages: 225
Release: 2021-11-25
Genre: Law
ISBN: 110849613X

Exploring Italy as a case study, this book investigates how populists in power manipulate categories and instruments of constitutional law.

Power to the People

Power to the People
Author: Mark V. Tushnet
Publisher: Oxford University Press
Total Pages: 297
Release: 2021
Genre: Law
ISBN: 0197606717

Power to the People proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. By providing a series of case studies, some organized by nation, others by topic, the book identifies these populist inconsistencies with constitutionalism-and, importantly, when and how they are not. Opening a dialogue for the possibility of a deeper, populist democracy, the book examines recent challenges to the idea that democracy is agood form of government by exploring possibilities for new institutions that can determine and implement a majority's views without always threatening constitutionalism.

Multiple Populisms

Multiple Populisms
Author: Paul Blokker
Publisher: Routledge
Total Pages: 252
Release: 2019-09-17
Genre: Political Science
ISBN: 1351115731

This book provides a comprehensive interpretation of the multiple manifestations of populism using Italy, the only country amongst consolidated constitutional democracies in which populist political forces have been in government on various occasions since the early 1990s, as the starting point and benchmark. Populism is a complex, multi-faceted political phenomenon which redefines many of the essential characteristics of democracy; participation, representation, and political conflict. This book considers contemporary versions of populism that pose a real challenge to representative and constitutional democracy. Contributors provide an integrative interpretation of populism and analyse its principal historical, social and politico-legal variables to provide a multi-dimensional reflection on the concept of populism, comprehensive analysis of the populist phenomenon and a theoretical and comparative perspective on the diverse political experiences of populism. Based on conceptual and interdisciplinary reflections from expert authors, this book will be of great interest to scholars and post-graduate students of cultural studies, European studies, political sociology, political science, comparative politics, political philosophy, and political theory with an interest in a comparative and interdisciplinary theory of populism and its manifestations.

Populist Challenges to Constitutional Interpretation in Europe and Beyond

Populist Challenges to Constitutional Interpretation in Europe and Beyond
Author: Fruzsina Gárdos-Orosz
Publisher: Routledge
Total Pages: 309
Release: 2021-05-03
Genre: Business & Economics
ISBN: 1000386228

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.

Re-inventing the Italian Right

Re-inventing the Italian Right
Author: Stefano Fella
Publisher: Routledge
Total Pages: 560
Release: 2009-06-26
Genre: Political Science
ISBN: 1134286333

Following his third election victory in 2008, the Italian Prime Minister Silvio Berlusconi was the most controversial head of government in the EU. This is a cogent examination of the Berlusconi phenomenon, exploring the success and development of the new populist right-wing coalition in Italy since the collapse of the post-war party system in the early 1990s. Carlo Ruzza and Stefano Fella provide a comprehensive discussion of the three main parties of the Italian right: Berlusconi’s Forza Italia, the xenophobic and regionalist populist Northern League and the post-fascist National Alliance. The book assesses the implications of this controversial right for the Italian democratic system and examines how the social and political peculiarities of Italy have allowed such political formations to emerge and enjoy repeated electoral success. Framed in a comparative perspective, the authors: explore the nature of the Italian right in the context of right-wing parties and populist phenomena elsewhere in other advanced democracies, drawing comparisons and providing broader explanations. locate the parties of the Italian right within the existing theoretical conceptions of right-wing and populist parties, utilising a multi-method approach, including a content analysis of party programmes. highlight the importance of political and discursive opportunities in explaining the success of the Italian right, and the agency role of a political leadership that has skilfully shaped and communicated an ideological package to exploit these opportunities. Providing an excellent insight into a key European nation, this work provides a thoughtful and stimulating contribution to the research on the Italian right, and its implications for democratic politics.

Anti-Constitutional Populism

Anti-Constitutional Populism
Author: Martin Krygier
Publisher: Cambridge University Press
Total Pages: 577
Release: 2022-03-31
Genre: Law
ISBN: 1009033344

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.

EU Law in Populist Times

EU Law in Populist Times
Author: Francesca Bignami
Publisher: Cambridge University Press
Total Pages: 611
Release: 2020-01-02
Genre: Law
ISBN: 1108485081

A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.

Revolutionary Constitutions

Revolutionary Constitutions
Author: Bruce Ackerman
Publisher: Harvard University Press
Total Pages: 432
Release: 2019-05-13
Genre: Political Science
ISBN: 0674238842

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.

Abusive Constitutional Borrowing

Abusive Constitutional Borrowing
Author: Rosalind Dixon
Publisher: Oxford University Press
Total Pages: 241
Release: 2021
Genre: Authoritarianism
ISBN: 0192893769

Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.