Anti-Constitutional Populism

Martin Krygier is Gordon Samuels Professor of Law and Social Theory at the University of New South Wales, Honorary Professor at RegNet, Australian National University, and Senior Research Fellow at the Rule of Law Program, Central European University Democracy Institute. He has written extensively on the rule of law, its challenges and challengers. Adam Czarnota is Associate Professor in the Faculty of Law and Justice, University of New South Wales, and Professor of Law and Director of the Centre for Legal Education and Social Theory, University of Wrocław. He teaches philosophy and sociology of law as well as history of legal and political ideas and comparative law. Wojciech Sadurski is Challis Professor of Jurisprudence at the University of Sydney Law School and Professor at the University of Warsaw, Centre for Europe. His interests include jurisprudence, legal theory, philosophy of law, political philosophy, constitutional theory, and comparative constitutionalism.

'Populism is a reminder that constitutions are too important to be left to the lawyers and too powerful to be left to the politicians. This collection of essays revisits the basic paradox of constitutions as both power limitation and expansion to discuss ideological, political, juridical, argumentative and other challenges of populism to the democratic constitutionalism. It represents a major contribution to the plethora of populism literature because of its original focus on populism's parallel constitutional and anti-constitutional power, its variety, diversity and global contextualisation beyond common intellectual clichés and academic stereotypes.' Jiří Přibáň, Director of the Centre of Law and Society, School of Law and Politics, Cardiff University

• Introduction: anti-constitutional populism Martin Krygier; Part I. Populisms: 1. Populist constitutionalism – between democracy and authoritarianism Bojan Bugarič; 2. Anti-elitism and the constitution – some reflections on populist constitutionalism Lucia Corso; 3. Constitutional populism in South Africa Theunis Roux; 4. Subaltern populism – Dutertismo and the war on constitutional democracy Richard Javad Heydarian; Part II. Courts: 5. Populism, Constitutional democracy, and high courts – lessons from the Venezuelan Case Raul A. Sánchez Urribarrí; 6. When Bolsonaro and the judges go shopping – how Brazil's legal elites opened the door for Bolsonaro's bad populism Alexandre Fleck Soares Brandao; 7. Disarming the guardians – the transformation of the Hungarian Constitutional Court after 2010 Eszter Bodnár; Part III. Anti-Constitutionalism After Post-Communism: 8. Conservative populism in defiance of anti-totalitarian constitutional democracy Paul Blokker; 9. Constitutional populism and the rule of law in Poland Michał Stambulski; 10. Populism or authoritarianism? A plaidoyer against illiberal or authoritarian constitutionalism Gábor Halmai; Part IV. EU Responses: 11. Populism and the crisis of constitutional pluralism Julian Scholtes; 12. Populist constitutional grammar – between manipulative borrowing and bad (judicial) masters Oreste Pollicino; Constitutional populism versus EU law: a much more complex story than you imagined Dimitry Vladimirovich Kochenov and Barbara Grabowska-Moroz; V. Concluding Reflections: 14. Sources of constitutional populism – democracy, identity, and economic exclusion Adam Czarnota; 15. Institutional populism, courts and the European Union Wojciech Sadurski.