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1 - Populist Constitutionalism: An Oxymoron?

Published online by Cambridge University Press:  18 November 2021

Giuseppe Martinico
Affiliation:
Scuola Universitaria Superiore Sant’Anna (Pisa)
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Summary

‘Constitutions belong to all but are not “empty” (politically neutral)’.1 With these words an eminent constitutional lawyer reacted to a series of attacks launched on the Italian Constitution by some political parties at the beginning of the new millennium. Indeed, the irony in this is that the new wave of populisms has been obliging constitutional lawyers to deal with some long-standing issues, including that of the neutrality of constitutions. Instead of embarking on a large-scale comparison, which may risk missing the historic roots of these phenomena, in this volume the analysis will be carried out by focusing on some important instruments of constitutional democracy –referendums and the prohibition of the imperative mandate, among others – and this will ensure consistency and coherence with the comparative law analysis carried out throughout the book. In this sense, while the present book has a precise focus on the Italian case, this does not exclude the possibility of framing this national case in a comparative perspective, as it is an ideal case study of post–World War II (WWII) constitutionalism.

Type
Chapter
Information
Filtering Populist Claims to Fight Populism
The Italian Case in a Comparative Perspective
, pp. 10 - 28
Publisher: Cambridge University Press
Print publication year: 2021

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