Populist Constitutionalism And Illiberal Democracies
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| Author | : Martin Belov |
| Publisher | : |
| Total Pages | : 378 |
| Release | : 2021 |
| Genre | : Democracy |
| ISBN | : 9781839701399 |
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).
| Author | : Cristóbal Rovira Kaltwasser |
| Publisher | : Oxford University Press |
| Total Pages | : 737 |
| Release | : 2017 |
| Genre | : Political Science |
| ISBN | : 0198803567 |
The Oxford Handbook of Populism presents the state of the art of research on populism from the perspective of Political Science. The book features work from the leading experts in the field, and synthesizes the main strands of research in four compact sections: concepts, issues, regions, and normative debates. Due to its breath, The Oxford Handbook of Populism is an invaluable resource for those interested in the study of populism, but also forexperts in each of the topics discussed, who will benefit from accounts of current discussions and research gaps, as well as a map of new directions in the study of populism.
| Author | : Tímea Drinóczi |
| Publisher | : Routledge |
| Total Pages | : 166 |
| Release | : 2020-09-08 |
| Genre | : Law |
| ISBN | : 1000172430 |
This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.
| Author | : András Sajó |
| Publisher | : Cambridge University Press |
| Total Pages | : 630 |
| Release | : 2021-08-12 |
| Genre | : Law |
| ISBN | : 1108956319 |
There is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas.
| Author | : Mark A. Graber |
| Publisher | : Oxford University Press |
| Total Pages | : 737 |
| Release | : 2018-08-23 |
| Genre | : Law |
| ISBN | : 0190888997 |
Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
| Author | : Jan-Werner Müller |
| Publisher | : University of Pennsylvania Press |
| Total Pages | : 136 |
| Release | : 2016-09-19 |
| Genre | : Political Science |
| ISBN | : 0812248988 |
"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.
| Author | : Diana Kapiszewski |
| Publisher | : Cambridge University Press |
| Total Pages | : 587 |
| Release | : 2021-02-04 |
| Genre | : Political Science |
| ISBN | : 110890159X |
Latin American states took dramatic steps toward greater inclusion during the late twentieth and early twenty-first Centuries. Bringing together an accomplished group of scholars, this volume examines this shift by introducing three dimensions of inclusion: official recognition of historically excluded groups, access to policymaking, and resource redistribution. Tracing the movement along these dimensions since the 1990s, the editors argue that the endurance of democratic politics, combined with longstanding social inequalities, create the impetus for inclusionary reforms. Diverse chapters explore how factors such as the role of partisanship and electoral clientelism, constitutional design, state capacity, social protest, populism, commodity rents, international diffusion, and historical legacies encouraged or inhibited inclusionary reform during the late 1990s and early 2000s. Featuring original empirical evidence and a strong theoretical framework, the book considers cross-national variation, delves into the surprising paradoxes of inclusion, and identifies the obstacles hindering further fundamental change.
| Author | : Ivor Crewe |
| Publisher | : Springer |
| Total Pages | : 310 |
| Release | : 2019-08-06 |
| Genre | : Political Science |
| ISBN | : 3030179974 |
This edited volume offers new insights into the populist wave that is affecting democratic politics in a large number of countries. The authoritarian populist turn that has developed in the US and various European countries in recent years both reflects and exacerbates the polarization of public opinion that increasingly characterizes democratic politics. The book seeks to explain how and why authoritarian populist opinion has developed and been mobilised in democratic countries. It also explores the implications of this growth in authoritarian, anti-immigrant sentiment for the operation of democratic politics in the future. It concludes that liberals may need to abandon their big-hearted internationalist instinct for open and unmanaged national borders and tacit indifference to illegal immigration. They should instead fashion a distinctively liberal position on immigration based on the socially progressive traditions of planning, public services, community cohesion and worker protection against exploitation. To do otherwise would be to provide the forces of illiberal authoritarianism with an opportunity to advance unparalleled since the 1930s and to destroy the extraordinary post-war achievements of the liberal democratic order.
| 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.
| Author | : Tom Ginsburg |
| Publisher | : University of Chicago Press |
| Total Pages | : 306 |
| Release | : 2018-10-05 |
| Genre | : Law |
| ISBN | : 022656438X |
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
