Constitutional Democracy in the Age of Populisms : A Commentary to Mark Tushnet’s Populist Constitutional Law
| Autor: | Valerio Fabbrizi |
|---|---|
| Jazyk: | angličtina |
| Rok vydání: | 2020 |
| Předmět: |
Judicial review
Constitution media_common.quotation_subject Authoritarianism constitutional theory political theory political philosophy Constitutionalism Liberal democracy Populism Philosophy Political science Settore SPS/01 - Filosofia Politica Political philosophy Constitutional law Law Settore IUS/20 media_common Law and economics |
| Popis: | This contribution aims at discussing constitutional democracy in the age of populisms, by explaining how populist movements oppose liberal-democratic constitutionalism and by presenting the thesis of a so-called ‘populist constitutionalism’, as proposed by Mark Tushnet. In the first section, a general and analytic exploration of populist phenomena will be drawn, by focusing on the so-called thesis of a ‘populist’ constitutionalism. In the second part, Tushnet’s arguments for a populist constitutionalism will be presented, through the analysis of his two main contributions: Taking the Constitution Away from the Courts, in which Tushnet develops his critique of legal constitutionalism and judicial review as an undemocratic power by unelected justices, and Authoritarian Constitutionalism, a recent article in which Tushnet distinguishes between ‘authoritarian’ and ‘populist’ definitions of constitutionalism. In conclusion, such arguments will be discussed, by proposing a critical response to Tushnet’s position and presenting some risks of a majoritarian and populist constitutional democracy. |
| Databáze: | OpenAIRE |
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