Populism entails a critique of liberal constitutionalism. There are many varieties of populism, and hence of populist constitutionalism. This article argues that inclusionary democratic (as opposed ...to authoritarian) populism is related to popular and political constitutionalism. They share a common concern against the excessive juridification and depoliticization of society, and they call for the democratization of constitutional law, considering its current elitism, professionalism and legalism—that is, its insulation from politics and the people—as a source of peril. The article examines seminal contributions on popular and political constitutionalism by Mark Tushnet, Larry Kramer, and Richard Bellamy. It then identifies the radical-democratic element that these approaches share with progressive populism and discusses some aspects of the populist constitutionalism of the SYRIZA-led government in Greece (2015-2019). Democratizing liberal constitutionalism may counter the rise of authoritarian populism; in that respect, some amount of “healthy” populism might be necessary to fight “bad” populism, the article concludes.
Abstract
The paper deals with the relationship of different types of populism with authoritarianism and constitutionalism. In the first part, I try to define various approaches—Left and Right-Wing, ...“good” or “bad”—to populism, especially from the point of view of whether they aim at changing the liberal democratic constitutional system to an authoritarian one. The following part discusses the rhetoric of authoritarian populists, which makes this type of populism distinct from non-populist authoritarians. The paper also explores the question of whom to blame for the success of authoritarian populisms, and the final part investigates, whether the use of legal tools by an authoritarian populist to dismantle liberal constitutional democracies means that we can speak about a special populist constitutionalism. While the paper tries to find out the joint characteristics of authoritarian populism, it heavily relies on the Hungarian experiences as a kind of model approach in East-Central Europe and maybe even beyond.
The book aims to reconstruct, with a interdisciplinary approach in a comparative methodology, the evolution of Bolivian institutions, from independence to the present days, in the light of the ...indigenous element as a legal interpretative parameter. After a first denial and a forced assimilation, the indigenous element was integrated into the institutions until it became central to the construction of an alternative constitutionalism to the Western model. The dissertation outlines three Latin American constitutional cycles. For each constitutional cycle, the common lines and the differences with Western constitutionalism are analysed, referring to the importance attributed to the indigenous element, since to a detailed analysis of intercultural and multinational constitutionalism of the 2009 Bolivian constitution. The indigenous element is fundamental because it becomes a source of national law, thus giving rise to a plural juridical model that starts from the community, and the traditional and ancestral culture of the indigenous people. It also challenges the Western individual constitutionalism, only founded on the supremacy of human rights.
This study aims to see and describe the practice of electronic justice in Indonesia based on the digital constitutionalism approach; as a concept that tends to be new, Digital Constitutionalism in ...its development also accommodates the due process online in scientific discourse. This research is normative legal research using a statutory and conceptual approach. Based on the research results, it is known that the practice of electronic justice in Indonesia still uses procedural law guidelines, which are conventional procedural law and internal judicial regulations. In contrast, the development of electronic justice that utilizes technological advances is insufficient to use conventional procedural law in its implementation because it is annulled. It has not been oriented to the protection of Human Rights as conceptualized in the Digital Constitutionalism discourse, which includes due process online. So the regulation of electronic justice in the future must be based on Digital Constitutionalism, which includes knowing the due process online by prioritizing the protection of human rights in a virtual scope from the provider of electronic judicial technology facilities.
On Inkblots and Truffles Oldham, Andrew S
Harvard law review,
01/2022, Letnik:
135, Številka:
3
Journal Article
Recenzirano
In Originalism: Standard and Procedure, Professor Stephen Sachs makes yet another important contribution to the literature. Sachs defends originalism by making its purpose more modest. Drawing on ...Professor R. Eugene Bales and the ethics literature, Sachs argues that originalism should be assessed as a standard of correctness, not as a procedure for finding the correct answer. In other words, originalism "picks out a destination, not a route." Or put differently, originalism tells people whether the Fourteenth Amendment protects X or Y, not how to go about determining the original meaning of the Fourteenth Amendment, X or Y. And importantly, the standard-procedure distinction shows why it's unfair to criticize originalism for failing to offer easy answers or even easy methods for finding answers. That criticism, Sachs concludes, is not the point of originalism as a standard of correctness.
Celotno besedilo
Dostopno za:
DOBA, IZUM, KILJ, NUK, PILJ, PNG, PRFLJ, SAZU, UILJ, UKNU, UL, UM, UPUK
The article seeks to answer the question whether the analytical framework of "populist constitutionalism" adequately describes and explains the constitutional changes that the Hungarian and Polish ...populist governments have implemented, respectively, since 2010 and 2015. After presenting the similarities and differences between the Hungarian and Polish constitutional developments, the article discusses the conceptual attempts of populist constitutionalism, identifying the primary and secondary characteristics that the literature attributes to this phenomenon. The main point of the article is that these criteria only partially characterize the recent constitutional changes in these two countries, and that the features that do really prevail are more indicative of an unmarked authoritarian transition than of a new, specific version of constitutionalism. It describes the different reasons for the misapplication of constitutional populism to these two countries. Finally, it explains how counterproductive the misconception of populist constitutionalism is for understanding the recent constitutional development in Hungary and Poland.
Constitutional democracies are increasingly perceived as limited devices. Against invitations to reducing their influence and size, these pages highlight one aspect or function that the State and ...constitutionalism share and which turn them into valuable instruments: avoidance of arbitrariness. I here argue that a central feature of both institutions is a commitment to making sure that citizens must lead lives that can be planned with some degree of certainty and reasonableness.
CONSTITUCIONALISMO DIATÓPICO Guilherme Camargo Massaú
Revista do direito público (Londrina),
04/2024, Letnik:
19, Številka:
1
Journal Article
Recenzirano
Odprti dostop
O texto visa identificar a abertura de uma educação constitucionalista global a partir da avaliação dos textos das normas constitucionais. No início, procurou-se estabelecer uma medida de semelhança ...formal entre os textos constitucionais (regras e princípios) de vários Estados. Através das expressões contidas nos textos constitucionais foi possível identificar os elementos formais que determinam várias constituições. A seleção destas expressões foi feita de forma aleatória, e, na sua maioria, trata de expressões amplas. Ficou demonstrado que existe, pelo menor no contexto textual, uma semelhança de metade dos comandos constitucionais normativos. O método utilizado foi analítico, porque foram analisados textos constitucionais com base em bibliografias.
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