Category: Analysis
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Democratic Decay in ‘Keystone’ Democracies: The Real Threat to Global Constitutionalism? (I-CONnect Column)
—Tom Gerald Daly, Fellow, Melbourne Law School; Associate Director, Edinburgh Centre for Constitutional Law [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts.
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Populist Constitutionalism
—Paul Blokker, Charles University in Prague [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] Populist engagement with constitution-making and constitutional reform forms a distinctive, and in significant ways worrying, tendency.
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Judges Speaking for the People: Judicial Populism Beyond Judicial Decisions
—Diego Werneck Arguelhes, Getulio Vargas Foundation Law School (FGV Direito Rio — Brazil); Information Society Project, Yale Law School (Spring 2017) [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.]
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Working Well Is The Best Strategy: Judges under Populism
—Juan F. González-Bertomeu, ITAM (Mexico) [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] Introduction: foes of all stripes Let’s start with this truism—no administration, populist or not, wants courts meddling with them and checking on their power.
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In Defense of Judicial Populism: Lessons From Colombia
—Jorge González-Jácome, Stanford University and Universidad de los Andes [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] Introduction In 2005, the Colombian Constitutional Court upheld an amendment allowing presidential reelection.
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Populism and the Turkish Constitutional Court: the Game Broker, the Populist and the Popular
—Bertil Emrah Oder, Koç University Law School (Istanbul) [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] Introduction Populist strategies have for some time been an integral part of Turkish political life employed dominantly by the right wing political parties.[1]
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Populism and Judicial Backlash in the United States and Europe
—Bilyana Petkova, Postdoctoral fellow, NYU School of Law, Visiting Researcher, Yale [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here. Parts of this post are adapted from “Federalism, Rights and Backlash”, International Journal of Constitutional Law (forthcoming, 2017), co-authored with…
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Safeguarding Democratic Institutions
—Samuel Issacharoff, NYU School of Law [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] A discussion of courts and populism begs for definitional boundaries.
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Trapped in the Age of Trump: the American Supreme Court and 21st Century Populism
—Or Bassok, University of Nottingham [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here. The author thanks Shay Levi for his valuable comments.] The American Supreme Court is currently ill-equipped to confront populism.
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Courts in a Populist World
—Alon Harel, The Hebrew University of Jerusalem [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] “I did not come to in order to be loved but in order to voice the sentiments of the public,” said Minister Miri…