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Populist Constitutionalism and Illiberal Democracies: Between Constitutional Imagination, Normative Entrenchment and Political Reality

Edited by: Martin Belov

ISBN13: 9781839700606
Published: February 2021
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Hardback
Price: £94.00



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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.

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.

Subjects:
Constitutional and Administrative Law
Contents:
Introduction
Martin Belov
PART I. Republican Constitutionalism: The Role of People in Radical Democracy
The People and the Lawgiver in Political Foundings
Radical Democracy and Revolutionary Reform: Looking for Solutions in Times of Democratic Disruption
PART II. Reassessing Constitutional Principles in Times of Democratic Ruptures
The Invisible Separation of Powers and the Control of the Central Political Power: Lessons from Hungary, Moldova and Romania
Rule of Law vs. Democracy: With Special Regard to the Case of Hungary
PART III. Populist Constitutionalism: Democracy in Crisis
The Degeneration of Contemporary Democracies as a New Phenomenology of Constitutional Transition
Between Law and Revolution: Is Populism Constitutional?
European Constitutional Order and Populist Legal Revolution: A Challenge for Western Liberal Democracies
PART IV. Populist Constitutionalism from the Viewpoint of Emotions and Constitutional Imagination
Populism, Constituent Power and Constitutional Imagination
Law and Emotions: Insights for the Study of Anti-Constitutional Populism
PART V. Challenges to Constitutional Democracy in Times of Covid-19 Constitutionalism and Beyond
The Role of Fear Politics in Global Constitutional ‘Ernstfall’: Images of Fear under COVID-19 Health Paternalism
Democracy and Human Rights in Illiberal Constitutionalism
PART VI. The Spread of Populism and Illiberal Democracy in Europe
Law, Revolution and Populism in Italy: The Path from Constitutional Resentment to Constitutional Renaissance
Polish Constitutionalism under Populist Rule: A Revolution without a Revolution
Representative Democracy in the Times of Populism: The Case of the Polish Parliament as a Delegated Power
The Roots and Guises of Legal Populism in Russia: The Narodniki, Statism and Legalism of Soviet Law and the Political Theology of Ivan Ilyin