This article discusses the growth of the populist radical right as a concrete example of the scenario where liberal democratic ideas are losing support in broadly liberal democratic societies. Our goal is to enrich John Rawls’ influential theory of political liberalism. We argue that even in that underexplored scenario, Rawlsian political liberalism can offer an appealing account of how to promote the legitimacy and stability of liberal democratic institutions provided it places partisanship centre stage. Specifically, we propose a brand-new moral (...) duty binding ‘reasonable’ partisans committed to pluralism. This duty establishes conditions where partisans must strategically transform society’s public reason (i.e. transform the visions for society their parties campaign on) in ways that promise to attract back support from illiberal and antidemocratic competitors. While this strategic behaviour might seem impermissible, we show that Rawls’ distinctive account of sincerity in democratic deliberation is uniquely placed to justify it as perfectly ethical. (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)

Populism – which positions a ‘true people’ in opposition to a corrupt elite – is often contrasted with liberalism. This article initially outlines the incompatibility between populism and normative...

This essay argues that the illiberal anti-immigrant sentiments which lie behind the success of populist right-wing parties deserve the attention of political theorists working on the ethics of migration, even though such sentiments exceed the boundaries of admissible disagreement on justice in migration. Firstly, populist anti-immigrant sentiments hinder the implementation of liberal democratic immigration policies and thus they represent a feasibility constraint for any liberal ethics of migration, not only the most cosmopolitan ones. Secondly, there are legitimacy reasons why such (...) views should be neither merely dismissed nor simply contained, since they are voiced by populist political parties which are admitted in the electoral competition and even participate in governments. The main upshot of this discussion is a methodological one: the article argues that, since political theory should deal with the feasibility and legitimacy issues raised by populist anti-immigrant sentiments, a realistic approach is needed. The last section shows that such a methodological change offers the opportunity to extend the scope of normative theorising. In particular, it illustrates how a realistic approach encourages theorists to focus on local-level policies, as well as to devote attention to non-governmental actors and to their role in tackling citizens’ hostility towards immigrants. (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)

Classical leadership models have insistently reinforced the notion of leader-centric rule. Business models focus on strong leadership, definitive decision-making and charismatic figures. Authoritarian leadership is the foundation upon which other models are based. However, the adoption of Charismatic Leadership and Great Man theory puts into relief the tendency within democratic rule towards fascist and populist ideology. Many leading philosophers and political scientists lend support to authoritarian rule. This tendency is not always apparent in democratic theory, indeed it is counter-intuitive, but (...) from a critical perspective, we are forced to ask whether there is not something within democracy which invites authoritarianism and harbours the seed of fascism. (shrink)

Recently, extremist ‘populist’ parties have succeeded in obtaining large enough democratic electoral mandates both to legally make substantive changes to the law and constitution and to legally eliminate avenues to challenge their control over the government. Extremists place committed liberal democrats in an awkward position as they work to legally revolutionize their constitutions and turn them into ‘illiberal democracies’. This article analyses political responses to this problem. It argues that the twin phenomena of legal revolution and illiberal democracy reveal a (...) latent tension between the constitutional commitments to democracy and liberalism, that is, the equal chance to have one’s political goals enacted into law and individual basic rights. Political extremists make the latent tension real when they use the procedures of democratic legal change to abrogate constitutional commitments to liberalism, among other things. Although the two commitments normally coexist side by side, exceptional times raise an existential dilemma for liberal democracies: is it constitutional to democratically amend liberalism out of the constitution? After analysing the moral legitimacy of both the democratic and liberal arguments, this article concludes that liberal constitutionalism is constitutive of genuine democracy. In other words, it is unconstitutional to abrogate basic liberal commitments and it is legitimate to adopt constitutional mechanisms to guarantee liberalism – even if it means constraining democracy to do so. This article then situates ‘constrained democracy’ within the liberal current as a way to conceive of and respond to this pressing problem. It concludes by discussing four constitutional mechanisms – inspired by the German Grundgesetz – to guarantee liberalism: unambiguous lexically prior commitment to liberalism, limits on negative majorities, the eternity clause and party bans. It concludes that constrained democracy is an important constitutional guarantee of liberal democracy and that the four mechanisms, among others, are essential to enact constrained democracy. (shrink)

Classical leadership models have insistently reinforced the notion of leader-centric rule. Business models focus on strong leadership, definitive decision-making and charismatic figures. Authoritarian leadership is the foundation upon which other models are based. However, the adoption of Charismatic Leadership and Great Man theory puts into relief the tendency within democratic rule towards fascist and populist ideology. Many leading philosophers and political scientists lend support to authoritarian rule. This tendency is not always apparent in democratic theory, indeed it is counter-intuitive, but (...) from a critical perspective, we are forced to ask whether there is not something within democracy which invites authoritarianism and harbours the seed of fascism. (shrink)

Beginning with a reference to the concept of the political and the idea of stability, the essay turns to an examination of populism from an historical and a normative point of view. While historically populism can be traced to its Roman origins, from a normative perspective, populism rests on a binary opposition between ‘elites’ and the ‘people’. As such, it undercuts its moral claim to universal representation by taking the part for the whole. In the end, this essay argues that (...) populism cannot provide a moral justification for political stability. (shrink)