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. (shrink)

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. (shrink)

What is the connection between the surge of populism and the deflation of electoral support to traditional left-leaning ideological positions? How can we explain the downfall of the Left in conditions that should be propelling it to power? In its reaction both to the neo-liberal hegemony and to the rise of populism, I claim that the Left is afflicted by what Nietzsche called ‘a democratic prejudice’ – the reflex of reading history as the advent of democracy and its crisis. As (...) a result, the Left now undertakes to recover democracy by resurrecting the growth-and-redistribution policy set that was a trademark of the ‘golden age’ of social democracy in the three post-war decades. This nostalgic gesture, however, is leading the Left into another predicament, which I call the ‘paradox of emancipation’ – while fighting for equality and inclusion as essential conditions for democratic citizenship, the Left is validating the social order within which equality and inclusion are being sought – namely, order shaped by the competitive production of profit which is the root cause of our societies’ plight. The analysis concludes with a proposal for building a counter-hegemony against neo-liberal capitalism by means of enlarging the Left’s focus beyond its traditional concerns with inequality and exclusion, to address also the injustice of growing social and economic insecurity – a harm whose reach surpasses the working poor. Reformulating an agenda of social justice around issues of economic insecurity that cross the ‘class divide’ would allow the Left to mobilize a broad coalition of social forces for radical and lasting change in the direction of socialist democracy. (shrink)

Using the temperate nature of recent social protest as its entry point, this analysis investigates the current state of liberal democracies as one in which the purported crisis of capitalism has en...