Populist Challenges to Constitutional Interpretation in Europe and Beyond

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

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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. 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 Illiberal Dhb

Populist Constitutionalism Illiberal Dhb
Title Populist Constitutionalism Illiberal Dhb PDF eBook
Author BELOV
Publisher Intersentia
Pages 380
Release 2021-02-19
Genre
ISBN 9781839700606

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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.00'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.

The Oxford Handbook of Populism

The Oxford Handbook of Populism
Title The Oxford Handbook of Populism PDF eBook
Author Cristóbal Rovira Kaltwasser
Publisher Oxford University Press
Pages 737
Release 2017
Genre Political Science
ISBN 0198803567

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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.

Italian Populism and Constitutional Law

Italian Populism and Constitutional Law
Title Italian Populism and Constitutional Law PDF eBook
Author Giacomo Delledonne
Publisher Palgrave Macmillan
Pages 0
Release 2020-02-26
Genre Political Science
ISBN 9783030374006

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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
Title Filtering Populist Claims to Fight Populism PDF eBook
Author Giuseppe Martinico
Publisher Cambridge University Press
Pages 225
Release 2021-11-25
Genre Law
ISBN 1108853439

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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.

Constitutional Change and Popular Sovereignty

Constitutional Change and Popular Sovereignty
Title Constitutional Change and Popular Sovereignty PDF eBook
Author Maria Cahill
Publisher Routledge
Pages 226
Release 2021-07-15
Genre Law
ISBN 1000395634

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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.

Populism: A Very Short Introduction

Populism: A Very Short Introduction
Title Populism: A Very Short Introduction PDF eBook
Author Cas Mudde
Publisher Oxford University Press
Pages 152
Release 2017-01-02
Genre Political Science
ISBN 019023489X

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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.