This book provides a comprehensive analysis of the impact of populism on the European democratic polity. In the last two decades, European democracies have come under strain amid growing populism. By asserting the superiority of the majority over the law, of direct democracy over representation, and claiming the necessity to defend national sovereignty against foreign interferences, the populist conception of democracy is in stark contrast with the longstanding Western notion of liberal democracy. This volume investigates populist attempts to radically change what Bobbio called the rules of the game of democracy from an eminently legal perspective. Weaving together normative and empirical analysis, the contributions focus on the institutions that have suffered the most from the rise of populism as well as those that have better resisted the populist tide. Special attention will be paid to the Venice Commissions opinions and documents, as they represent the best European standards to evaluate the extent to which populism deviates from constitutional democracy requirements. The book also considers the responses of European States to the explosion of the COVID-19 pandemic. The COVID-19 pandemic has indeed been an accelerator of known and studied trends in most constitutional systems, such as the concentration of powers in the executive hands and the consequential loss of parliament's centrality. Various forms of populism across Europe have thus found an ideal breeding ground to implement their agenda of granting the executive broad regulatory and decision-making powers while loosening parliamentary and judicial checks. Against this backdrop, the book analyses how European democracies should adapt to the challenges posed by the pandemic, as this reflection can help respond to populist threats and propose a way forward for liberal democracy.
Recenzijos
A book that provides a broad overview regarding the relationship between populism and contemporary constitutional democracies. This idea seems to be a perspective incompatible with the logic governing the democratic rule of law, and it is precisely this incompatibility between We are the people populism, constitutional democracy, and the pluralistic view allowed by different constitutional actors - such as of courts, parliaments, and political parties - that finds a deep reflection in the book. (Enrico Andreoli, Revista General de Derecho Pśblico Comparado, Vol. 31,2022)
Part 1: The Populist Ideology and Constitutional Democracy.
Chapter 1:
From Populist Parties to Populist Politics. Populism as a unifying ideology.-
Chapter 2: Populisms, Constitutions, Constitutional Courts and Constitutional
Democracy.
Chapter 3: The Sirens Song. When Right-Wing Populism Deals with
Democracy. The Case of the Rassemblement National in France.- Part 2:
Populism in Practice. Its Impact on the Rule of Law.
Chapter 4: Populism and
constitutional courts: a perspective from the Venice Commission.
Chapter 5:
Constitutional effects of populism in EU Member States, 2010-2020.
Chapter
6: On the Experiences of a Constitutional Court in an Illiberal Democracy.
Incapacitated but Necessary.
Chapter 7: Constitutional Erosion in Spain:
From the Catalan Pro-Independence Crisis to the (Intended) Judiciary
Reforms.- Part 3: Populism and the European Union.
Chapter 8: The EU Unease
about Populism.
Chapter 9: The Authoritarian Conjuncture in Europe and
Liberals Crocodile Tears.-Chapter 10: The EU populist crisis: The effect
of populism on the EU legal order and vice versa: Populism, EU responses and
EU constitutional identity.
Chapter 10: Judicializing the Rule of law
Through the Preliminary Ruling.- Part 4: Populism, the Pandemic and the
Future of Democracy.
Chapter 11: Preserving Democracy and the Rule of Law in
a Pandemic. Some Lessons from the Venice Commission.
Chapter 12: The
duration of the state of alarm in Spain and the problems posed for
democracy.
Chapter 13: "To Watch and Control the Government.
Rediscovering Parliaments Oversight Function.
Chapter 14: Pandemic,
Populism, and Polarisation.
Chapter 15: Might Covid Help Strengthening
European Democracies?.
Josep Maria Castellą Andreu is Full Professor of Constitutional Law, University of Barcelona, Spain.
Marco Antonio Simonelli is Postdoctoral Research Fellow on Constitutional Law, University of Barcelona, Spain.