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The Law and Practice of Human Rights

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Populism and Courts in an Age of Constitutional Impatience: Judges vs the People


ISBN13: 9781509987542
To be Published: April 2026
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00





This book addresses one of the most pressing issues of our time: the rise of populism and its implications, particularly for courts and other legal institutions. It questions and ultimately challenges the prevailing view in comparative constitutional law that courts can act as bulwarks against authoritarian, self-aggrandising populists in power. In doing so, it offers both a novel theoretical framework and a fresh contextual inquiry.

Theoretically, the book uses the lens of spatiotemporality – the conjunction of space and time – to analyse populism as a constitutional project. It argues that contemporary populism is marked by constitutional impatience: a drive for temporal efficiency and spatial proximity that reshapes and reconfigures law's institutional and normative order.

Contextually, the book focuses primarily on one key institution of liberal constitutional democracy: the judiciary. It offers a contextual analysis of three case studies: Armenia, Ecuador and the United Kingdom. In doing so, it not only highlights populism's reach beyond established democracies but also brings fresh insights from understudied jurisdictions at the periphery or in the Global South.

Overall, the book suggests that populism's relationship with constitutionalism is complex and context-dependent. Instead of yielding uniform outcomes, it produces divergent tensions and impacts, thereby challenging assumptions about both the institutional role of courts and the nature of constitutionalism itself.

Subjects:
Constitutional and Administrative Law
Contents:
Introduction – Mapping Populism: Contemporary Populism and the Spatiotemporal Contours of (Liberal Constitutional) Democracy

Part 1: Understanding Populism: Towards a Constitutional Theory of Populism
1. Identifying Populism: Law, Popular Sovereignty and 'the People'
2. Implementing Populism: Constitutions, Constitutionalism and 'Constitutional Timelessness'
3. Characterising Populism: Space, Time and 'Constitutional Impatience'

Part 2: Responding to Populism: Questioning the Role of the Judiciary Against the 'Constitutional Impatience' Of Populism
4. Revolution, Democratisation and Judicial Obstruction in Armenia
5. 'Constitutional Impatience,' Judicial Capture and Executive Aggrandisement in Ecuador
6. Executive Power(s), 'Constitutional Impatience' and the Role of Courts as Institutional Stabilisers in the United Kingdom

Series: Hart Studies in Constitutional Theory

Solving International Norm Conflicts: Between Rules and Principles ISBN 9781509961597
To be published December 2027
Hart Publishing
£85.00
Constitutional Courts and Judicial Review: Between Law and Politics ISBN 9781509976898
To be published June 2026
Hart Publishing
£49.99
Constitutional Courts and Judicial Review: Between Law and Politics (eBook) ISBN 9781509976867
Published January 2025
Hart Publishing
£90.00
(ePub)
Buy
Constitutional Courts and Judicial Review: Between Law and Politics ISBN 9781509976850
Published January 2025
Hart Publishing
£100.00
£150.00
£67.49
(ePub)
Buy
The Methodology of Constitutional Theory ISBN 9781509957699
Published June 2023
Hart Publishing
£44.99
The Methodology of Constitutional Theory (eBook) ISBN 9781509933853
Published February 2022
Hart Publishing
£40.49
(ePub)
Buy
The Methodology of Constitutional Theory ISBN 9781509933846
Published February 2022
Hart Publishing
£100.00