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15 - Populism, Constitutional Courts, and Civil Society

from Part IV - Judicial Power in Processes of Transformation

Published online by Cambridge University Press:  27 January 2019

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Summary

This chapter explores why populist movements once in government attack the independence of apex courts. I show that such an effort is a key indication of populism in government moving toward establishing itself as a regime. The harm involved in the disempowerment of constitutional courts to constitutional democracy is analyzed. Using the examples of Poland and the United States, I maintain that the way to oppose populist authoritarianism and its attack on courts requires a strategy that is both legal and political, based on the mutual support of associations and initiatives of civil society and courts. I argue that such an effort requires facing the democratic deficit of liberal representative democracy, and reliance on an alternative conception, namely the “plurality of democracies.”
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Judicial Power
How Constitutional Courts Affect Political Transformations
, pp. 318 - 341
Publisher: Cambridge University Press
Print publication year: 2019

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