Description
Book SynopsisSelf-described populist leaders around the world are dismantling their nation''s constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others aren''t. Context and detail matter.Power to the People offers a thin definition of constitutionalism that people from the progressive left to the conservative right should be able to agree on even if they would supplement the thin definition within other more partisan ideas. This is followed by a similarly basic definition of populism. Comparing the two, this book argues that one facet of populism -its suspicion of institutions that are strongly entrenched against change by political majorities-is sometimes inconsistent with constitutionalism''s thinly understood definition.The book provides a series of case studies, some organized by nation, others by topic, to identify, more precisely, when and how populist programs are inconsistent with constitutionalism-and, importantly, when and how they are not. Concluding with a discussion of the possibilities for a deeper, populist democracy, the book examines recent challenges to the idea that democracy is a good form of government by exploring possibilities for new, albeit revisable, institutions that can determine and implement a majority''s views without always threatening constitutionalism.
Trade ReviewTushnet and Bugaric provide a series of case studies to identify when and how populist programs worldwide are inconsistent with constitutionalism and, importantly, when and how they are not. Concluding with a discussion of the possibilities for a deeper, populist democracy, they examine recent challenges to the idea that democracy is a good form of government by exploring possibilities for new, albeit revisable, institutions that can determine and implement a majority's views without always threatening constitutionalism. * Law & Social Inquiry *
Defending constitutionalism may seem remote from the everyday experience of most lawyers in this country but if we can't - or won't - defend the rule of law, who will? Power to the People provides the tools to engage in a debate that is likely to define at least the first half of 21st-century constitutionalism. * Max D Winthrop, senior partner at Short Richardson & Forth, Newcastle, Law Society Gazette *
Power to the People makes a compelling case for a more nuanced understanding of the relationship between populism and constitutionalism. The book is a useful corrective to work (including my own) that treats norm-breaking and constitutional hardball tactics as inherently problematic for liberal democracy." -Steven Levitsky, Harvard University
This book provides a much-needed and refreshing perspective on populism and its relation to constitutionalism, avoiding the common mistake of casually dismissing or demonising populism, and seeking instead to shine a light on the vast array of populist programmes." -Michael Wilkinson, London School of Economics and Political Science
This book is so far the most promising comparative constitutional attempt to reconcile the complex relationship between populism and constitutionalism, without generalization." -Gábor Halmai, European University Institute
Disaggregating constitutionalism and populism, this magnificent study leaves behind the hasty diagnosis and prediction of others, bringing conceptual lucidity and comparative learning to renewed debate." -Samuel Moyn, Yale University
Power to the People helps readers think about today's constitutional troubles. It has become commonplace for scholars to blame "populism" for the rise of authoritarian and ethno-nationalist leaders and parties. But not every effort to empower ordinary citizens and unsettle entrenched elites is a step toward tyranny. Tushnet and Bugaric provide us with the tools and case studies to begin understanding the differences between changes that promote democracy and those that imperil it." -William E. Forbath, The University of Texas at Austin, School of Law
Challenging conventional political and scholarly wisdom, Mark Tushnet and Bojan Bugaric make a powerful case that populism is the solution to rather than the cause of contemporary democratic ills. Power to the People details how authoritarians masquerading as populists are perverting an authentic form of democratic politics, and that the numerous populist reforms championed by the populist left throughout the globe are at least if not substantially more democratic than the contemporary constitutional status quo. Much handwringing on the crisis of constitutional democracy will need substantial reconsideration in light of this major work." -Mark Graber, University of Maryland, Francis King Carey School of Law
Table of ContentsNote on Sources Introduction Part One: The Framework Chapter 1. What Is Constitutionalism? Chapter 2. What Is Populism? Chapter 3. Populism and Constitutionalism Part Two: Populism in Practice Chapter 4. Populist Authoritarianism: Hungary and Poland Chapter 5. The Problem of the Frankenstate Chapter 6. Populism in Western Europe Chapter 7. Southern Europe: Greece and Spain Chapter 8. Court- Packing or Court Reform?: Challenging Judicial Independence by Enhancing Accountability Chapter 9. Populism and Executive Power: Term Limits and Rule by Decree Chapter 10. Guardrails and Institutions Part Three: Constitutionalism After Populism Chapter 11. Rejecting Democracy Chapter 12. Power to the People: Empowered Democracy Epilogue
