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Populism and constitutional change

Publication |
2021

Abstract

While often understood as such, the populist approach toward constitutionalism cannot be reduced to an entirely negative, abusive, or destructive force. Populist constitutionalism should in important dimensions be understood as an alternative constitutional project, rallying against existing injustice and inequality which are attributed to the institutions and workings of liberal-constitutional democracy.

Depending on its specific manifestation, the populist counter-constitutional project reveals and addresses important shortcomings in existing constitutional systems. At the same time, however, it tends to pose a great menace for pluralistic, inclusive projects of constitutional democracy.

The chapter discusses, first, the theoretical and conceptual relation between constitutionalism and populism, to subsequently discuss the practices in a variety of populist projects of constitution-making and constitutional reform in Latin America and East-Central Europe.