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Anti-Constitutional Populism: Cambridge Studies in Law and Society

Editat de Martin Krygier, Adam Czarnota, Wojciech Sadurski
en Limba Engleză Paperback – 30 mar 2022
"In recent years political movements of a decidedly 'anti-establishment' character have taken many countries by storm, and many observers by surprise. Among the characteristics these movements share is that they, and more particularly their leaders, claim uniquely to represent the true, real people of the country, a claim that does not depend upon, but frequently can boast confirmation in electoral victory. For unlike standard-issue coup-ists and putsch-ists, communists and fascists (also anti-establishmentarian until they become established), these movements are not shy of elections. They feed off them"--
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Specificații

ISBN-13: 9781009013802
ISBN-10: 1009013807
Pagini: 350
Dimensiuni: 153 x 228 x 28 mm
Greutate: 0.76 kg
Ediția:Nouă
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Cambridge Studies in Law and Society

Locul publicării:Cambridge, United Kingdom

Cuprins

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


Recenzii

'We know much about how populist leaders talk, but we still know too little about what they do when in power. This excellent volume offers careful case studies, framed by sophisticated conceptual considerations, of how populists act against constitutions and courts – but also of how they on occasion use them for their purposes.' Jan-Werner Müller, Princeton University, author of Democracy Rules
'We live in an age of populism – but also populism that takes many different forms. In this important new collection, the authors explore different varieties of populism and their relationship to foundational commitments to democracy and constitutionalism. Drawing on experts and experiences from around the world, and especially Eastern Europe, the volume provides a clear-sighted view of the current origins, dangers and potential responses to anti-constitutional populism. It should be considered essential reading for anyone working in the fields of comparative constitutional politics and law.' Rosalind Dixon, Professor of Law, and Director, Gilbert + Tobin Centre of Public Law, UNSW Sydney
'Populism is a metastasizing concept, shifting forms and sites in unpredictable ways. Combining diagnosis, prescription and critique, this volume provides myriad angles to understand the central political phenomenon of our time.' Tom Ginsburg, Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar, and Professor of Political Science, University of Chicago Law School
'This impressive collection of essays shows how populists reinterpret, erode and pervert national constitutions that guard citizens' rights. In the name of the 'real people', the rights of court judges, trade unionists, ecologists, feminists and LGBT+ activists are being curtailed. Essential reading if you want to understand how populists operate in such diverse states as the Philippines, Brazil, Venezuela, South Africa, Hungary and Poland.' Jan Zielonka, Professor of Politics at the University of Oxford, and author of Counter-Revolution: Liberal Europe in Retreat
'We know much about how populist leaders talk, but we still know too little about what they do when in power. This excellent volume offers careful case studies, framed by sophisticated conceptual considerations, of how populists act against constitutions and courts – but also of how they on occasion use them for their purposes.' Jan-Werner Müller, Princeton University, author of Democracy Rules

Descriere

Explores a range of anti-constitutionalist populist regimes, identifying and analysing their causes, characteristics and consequences.