This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes.

The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book.

Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics.

part Part I|71 pages

Theoretical implications

chapter 1|26 pages

Populism and populist constitutionalism

ByZoltán Szente
Size: 0.62 MB

chapter 2|14 pages

The art of constitutional interpretation

ByFruzsina Gárdos-Orosz, Zoltán Szente

chapter 3|19 pages

An ‘Instrument of Government’ or ‘Instrument of Courts’?

The impact of political systems on constitutional interpretation and the case of populism
ByAnna Gamper

part Part II|178 pages

Constitutional interpretation and populism in Europe

chapter 5|20 pages

Formalism and judicial self-restraint as tools against populism?

Considerations regarding recent developments of the Austrian Constitutional Court
ByKonrad Lachmayer

chapter 6|14 pages

The Czech Constitutional Court in times of populism

From judicial activism to judicial self-restraint
ByZdeněk Kühn

chapter 7|17 pages

Popular initiatives, populism and the Croatian Constitutional Court

ByDjordje Gardasevic

chapter 8|17 pages

Constitutional identity as a populist notion?

The Council of State and the forging of the Greek constitutional identity through the crisis
ByApostolos Vlachogiannis

chapter 9|17 pages

Constitutional interpretation under the new Fundamental Law of Hungary

ByFruzsina Gárdos-Orosz

chapter 10|14 pages

The populist reforms in Italy and the instrument of the constitutionally conforming interpretation

ByGianmario Demuro, Riccardo Montaldo

chapter 11|20 pages

Whatever works

Constitutional interpretation in Poland in times of populism
ByWojciech Brzozowski

chapter 12|23 pages

Non sequiturs in constitutional adjudication

Populism or epistemic deficit?
ByAlexandra Mercescu

chapter 13|16 pages

Constitutional interpretation and populism in contemporary Spain

ByFrancisco Balaguer Callejón

chapter 14|18 pages

Populism, UK sovereignty, the rule of law and Brexit

ByJohn McEldowney

part Part III|60 pages

An outlook

chapter 15|21 pages

Born populist

The Trump administration, the courts and the Constitution of the United States
ByMark A. Graber

chapter 16|17 pages

Constitutional interpretation

What can Europeans learn from US debates?
ByMartin Loughlin

chapter 17|20 pages

Populist and non-democratic reading of the Constitution

Sad lessons from Latin America
ByPablo Riberi

part Part IV|15 pages


chapter 18|13 pages

Populist challenges to constitutional interpretation

An assessment
ByFruzsina Gárdos-Orosz, Zoltán Szente