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Populism and Courts in an Age of Constitutional Impatience

Judges vs the People

Populism and Courts in an Age of Constitutional Impatience cover

Populism and Courts in an Age of Constitutional Impatience

Judges vs the People

Description

This book addresses one of the most pressing issues of our time: the rise of populism and its legal-institutional implications, particularly for courts.

It tests, questions and ultimately challenges the prevailing view in the comparative constitutional law literature which holds that courts act as bulwarks against authoritarian, self-aggrandising populists.

The book offers both a new theoretical analysis and a fresh contextual inquiry. First, it develops a novel theoretical framework for analysing contemporary populism through the lens of 'spatiotemporality'-the conjunction of space and time. This theoretical analysis sheds light on the character of populism as a contemporary legal phenomenon and its constitutional project based on temporal efficiency and spatial proximity, which the book calls 'constitutional impatience.' Second, focusing primarily on one key institution of liberal constitutional democracy-the judiciary-the book offers a contextual analysis of three case studies that provide insights into contemporary populism and the various responses to it from a legal and institutional perspective. One of these case studies is from the UK and the other two are from the periphery or Global South, that is to say Armenia and Ecuador, offering new insights from these two understudied jurisdictions.

Table of Contents

Introduction – Mapping Populism: Contemporary Populism and the Spatiotemporal Contours of (Liberal Constitutional) Democracy

Part 1: Understanding Populism: Towards a Constitutional Theory of Populism
1. Identifying Populism: Law, Popular Sovereignty and 'the People'
2. Implementing Populism: Constitutions, Constitutionalism and 'Constitutional Timelessness'
3. Characterising Populism: Space, Time and 'Constitutional Impatience'

Part 2: Responding to Populism: Questioning the Role of the Judiciary Against the 'Constitutional Impatience' Of Populism
4. Revolution, Democratisation and Judicial Obstruction in Armenia
5. 'Constitutional Impatience,' Judicial Capture and Executive Aggrandisement in Ecuador
6. Executive Power(s), 'Constitutional Impatience' and the Role of Courts as Institutional Stabilisers in the United Kingdom

Product details

Published 16 Apr 2026
Format Ebook (PDF)
Edition 1st
Extent 352
ISBN 9781509987566
Imprint Hart Publishing
Series Hart Studies in Constitutional Theory
Publisher Bloomsbury Publishing

About the contributors

Author

Raphaël Girard

Raphaël Girard is Senior Lecturer in Law at the Un…

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