| Popis: |
The corruption by populism of core legal pillars of democracy, including electoral accountability, government processes, and self-enrichment, invites legal responses. This chapter argues that constitutional law and its enforcement through the judiciary, while no long-term solution to the erosion of limitations on power and electoral accountability, serves an important role of intercession. In the case of electoral accountability, this might mean the judiciary defending electoral accountability by voiding laws or constitutional amendments conflicting with basic structures of democratic government (as in India, Italy, or Colombia). For processes of governance, this might mean judicial interventions to prevent legislative power grabs or declarations of emergency powers, as in Taiwan and India; but legislative inaction may also occasion intervention. The chapter concludes with a discussion of the British Miller cases during Brexit, arguing that the British Supreme Court’s decisions were able to shift politics back from the executive into the more democratic Parliament. |
