The People's Constitution

The book explores in both theory and practice the challenges that various forms of populism pose to the dominant understandings of democratic representation and liberal constitutionalism. The volume brings together conceptual, analytical, and empirical dimensions of the relationship between populism and constitutional democracy. Moving beyond the dominant depiction of populism as anti-pluralist, scholars of legal and political theory, both well-known and early career researchers, discuss the paradoxes of constitutional democracy that populism brings to the surface, the complex role of the judiciary both as an enemy and as a potential ally of populism, the relationship between economic power and populism and ultimately the impasses of liberalism that populism forces us to revisit. These are highly topical issues that they have not been sufficiently explored in the literature. A significant asset of the volume is that it includes chapters on empirical studies from under-explored cases such as Southern Europe and the Balkans. Thus, the volume poses an original contribution to the existing literature on constitutional populism. Its originality along with the high quality of the research will make this book necessary for any constitutional and political theorist who aims to delve into the relationship between constitutionalism and populism.

Brings together conceptual, analytical, and empirical dimensions of the relationship between populism and constitutional democracy Deals with the relationship between economic power and populism Includes empirical studies from under-explored cases such as Southern Europe and the Balkans, India, Brazil along with the widely discussed examples

Auteur

Akritas Kaidatzis is an Associate professor at the Law School of the Aristotle University of Thessaloniki. He teaches Constitutional Law and Constitutional History since 2011. His main research interests are the interplay between law and politics, the judicial review of legislation, the relationship between courts and politics, populism and constitutionalism and the history of Greek constitutional law. He has been the principal investigator of the research project Populist Constitutionalism (PopCon) (www.popcon.gr) and the author of 'Progressive populism and democratic constitutionalism', Revus 47/2022 (doi.org/10.4000/revus.8068) and 'Populist Constitutionalism' in Research Handbook on Populism (Y. Stavrakakis & G. Katsambekis eds), Edward Elgar (2024).

Eleni Kalampakou, holds a PhD from the Law School of the Aristotle University of Thessaloniki. She serves at the Greek public sector. She has published papers on multiculturalism, the relationship between law and religion and refugee law. She has participated in research projects on migration, hate speech and populist constitutionalism (PopCon project).

Ifigeneia Kamtsidou, is a Professor at the Law School of the Aristotle University of Thessaloniki. She teaches Constitutional law and is the director of the postgraduate programs "Droit social européen et comparé" and "Public Law and Political Science". She holds a PhD from the University of Paris X-Nanterre. She was President of the National Centre for Public Administration and Local Government (2015-2019), member of the European Committee for the Prevention of Torture (2019-2023) and of the National Commission for Human Rights (2015-2022). She has published studies on the organization of the political regime, on fundamental rights, theory of constitutional law and populism and constitutionalism (PopCon project).

Christos Papastylianos, is an Associate Professor at the Law School of the University of Nicosia, Cyprus. He holds a PhD from the European University Institute (Florence) and a Master on Public Law and Political Science from the Law School of the Aristotle University of Thessaloniki. His research interests, and his teaching, lie in the fields of comparative constitutional theory and law, human rights law, Constitutional History and Immigration Law. He has participated in various research projects (EU COST, Populism and Constitutionalism (PopCon). etc.), and he is the author of books and articles published, among others, in Religions, Cyprus Review and ICL Journal.

Costas Stratilatis, is an Associate Professor at the Law School of the University of Nicosia, Cyprus. He holds a PhD from the Law School of the Aristotle University of Thessaloniki, and a Master on Political Theory from LSE. His research interests, and his teaching, lie in the fields of comparative constitutional theory and law, human rights law (especially freedom of expression), political theory and jurisprudence. He has participated in various research projects (EU COST, Media Pluralism Monitor, PopCon etc.), and he is the author of books and articles published, among others, in European Constitutional Law Review, History of Political Thought, Law & Critique, and the Max Planck Encyclopedia of Comparative Constitutional Law.

Contenu

Part I: Introduction.- How Populism Affects Constitutional Law.- Populism and Constitution Making Process.- PART II: Populist Constitutionalism and Authoritarianism.- 'False' Populists' Abuse of Majoritarianism and Political Constitutionalism.- An Analysis of Illiberal Democracies. Towards the End of Law?.- From Authoritarian Constitutionalism to Populist De-Constitutionalisation: Transformation of the Turkish State Under Erdoan.- Populist Transformation of Constitutional Law: North Macedonia.- PART III: Populism and the Courts.- The Judge as a Populist Actor.- Populist Government and Judicial Power in Brazil in Times of the Covid-19 Pandemic: A Conflicting Relationship.- Rules of Standing and Populist Constitutionalism: The Case of the Greek Council of State.- PART IV: Populist Constitutionalism and Representation.- Stopping Authoritarian Populist Projects: Why Constitutionalism is Not the Sole Answer.- Populist Constitutionalism and Representation: Reflections on the People in a New 'Social Question' Perspective.- Lobbyism vs. Populism: A Brief Comparison U.S.A.-Italy.- Measuring the Impact of Populism in the Face of EU Multi-level Governance: Politics and Constitutional change.