Populism and Contemporary Democracy in Europe

Old Problems and New Challenges

Josep Maria Castellà Andreu, Marco Antonio Simonelli (Herausgeber)

Buch | Hardcover

XIX, 338 Seiten

2022 | 1st ed. 2022
Springer International Publishing (Verlag)
978-3-030-92883-4 (ISBN)

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This book provides a comprehensive analysis of the impact of populism on the European democratic polity. In the last two decades, European democracies have come under strain amid growing populism. By asserting the superiority of the majority over the law, of direct democracy over representation, and claiming the necessity to defend national sovereignty against foreign interferences, the populist conception of democracy is in stark contrast with the longstanding Western notion of liberal democracy. This volume investigates populist attempts to radically change what Bobbio called the "rules of the game" of democracy from an eminently legal perspective. Weaving together normative and empirical analysis, the contributions focus on the institutions that have suffered the most from the rise of populism as well as those that have better resisted the populist tide. Special attention will be paid to the Venice Commission's opinions and documents, as they represent the best European standards toevaluate the extent to which populism deviates from constitutional democracy requirements. The book also considers the responses of European States to the explosion of the COVID-19 pandemic. The COVID-19 pandemic has indeed been an accelerator of known and studied trends in most constitutional systems, such as the concentration of powers in the executive hands and the consequential loss of parliament's centrality. Various forms of populism across Europe have thus found an ideal breeding ground to implement their agenda of granting the executive broad regulatory and decision-making powers while loosening parliamentary and judicial checks. Against this backdrop, the book analyses how European democracies should adapt to the challenges posed by the pandemic, as this reflection can help respond to populist threats and propose a way forward for liberal democracy.

lt;p>Josep Maria Castellà Andreu is Full Professor of Constitutional Law, University of Barcelona, Spain.

Marco Antonio Simonelli is Postdoctoral Research Fellow on Constitutional Law, University of Barcelona, Spain.

Part 1: The Populist Ideology and Constitutional Democracy.- Chapter 1: From Populist Parties to Populist Politics. Populism as a unifying ideology.- Chapter 2: Populisms, Constitutions, Constitutional Courts and Constitutional Democracy.- Chapter 3: The Sirens' Song. When Right-Wing Populism Deals with "Democracy". The Case of the Rassemblement National in France.- Part 2: Populism in Practice. Its Impact on the Rule of Law.- Chapter 4: Populism and constitutional courts: a perspective from the Venice Commission.- Chapter 5: Constitutional effects of populism in EU Member States, 2010-2020.- Chapter 6: On the Experiences of a Constitutional Court in an Illiberal Democracy. Incapacitated but Necessary.- Chapter 7: Constitutional Erosion in Spain: From the Catalan Pro-Independence Crisis to the (Intended) Judiciary Reforms.- Part 3: Populism and the European Union.- Chapter 8: The EU Unease about Populism.- Chapter 9: The Authoritarian Conjuncture in Europe and Liberals' Crocodile Tears.-Chapter 10: The 'EU populist crisis': The effect of populism on the EU legal order and vice versa: Populism, EU responses and EU constitutional identity.- Chapter 10: Judicializing the Rule of law Through the Preliminary Ruling.- Part 4: Populism, the Pandemic and the Future of Democracy.- Chapter 11: Preserving Democracy and the Rule of Law in a Pandemic. Some Lessons from the Venice Commission.- Chapter 12: The duration of the state of alarm in Spain and the problems posed for democracy.- Chapter 13: "To Watch and Control the Government". 'Rediscovering' Parliaments' Oversight Function.- Chapter 14: Pandemic, Populism, and Polarisation.- Chapter 15: Might Covid Help Strengthening European Democracies?.

"A book that provides a broad overview regarding the relationship between populism and contemporary constitutional democracies. ... This idea seems to be a perspective incompatible with the logic governing the democratic rule of law, and it is precisely this incompatibility between 'We are the people' populism, constitutional democracy, and the pluralistic view allowed by different constitutional actors - such as of courts, parliaments, and political parties - that finds a deep reflection in the book." (Enrico Andreoli, Revista General de Derecho Público Comparado, Vol. 31,2022)

“A book that provides a broad overview regarding the relationship between populism and contemporary constitutional democracies. … This idea seems to be a perspective incompatible with the logic governing the democratic rule of law, and it is precisely this incompatibility between ‘We are the people’ populism, constitutional democracy, and the pluralistic view allowed by different constitutional actors - such as of courts, parliaments, and political parties - that finds a deep reflection in the book.” (Enrico Andreoli, Revista General de Derecho Público Comparado, Vol. 31,2022)

Erscheinungsdatum	14.04.2022
Zusatzinfo	XIX, 338 p.
Verlagsort	Cham
Sprache	englisch
Maße	148 x 210 mm
Gewicht	596 g
Themenwelt	Recht / Steuern ► Öffentliches Recht
Themenwelt	Sozialwissenschaften ► Politik / Verwaltung ► Politische Systeme
Schlagworte	Covid-19 • Democracy • Democratic Backsliding • EU • Populism • Rule of Law • Venice Commission
ISBN-10	3-030-92883-7 / 3030928837
ISBN-13	978-3-030-92883-4 / 9783030928834
Zustand	Neuware