The two panels deal with the future of liberal constitutionalism amid the emergence of populist constitutionalism. The first panel will explore the possible reasons of both left- and right-wing populism, and their relationship to liberal constitutionalism. The second panel concentrates on case studies in Europe and beyond (Israel, Brazil). Here, particular attention will be paid...
Constitutional populism and democracy – the case of Israel
My paper will look at the current attack on constitutionalism in Israeli through the lens of the discussion on constitutional populism in Europe and elsewhere. It will argue that the Israeli case cannot be analyzed out of the context of the Israeli occupation of the Occupied Palestinian Territory, an undemocratic situation typified by dispossession of...
Poland v EU. Understanding what‘s happened, rediscovering European “first principles“ and thinking counter – strategies
The history might have stopped for Polish Constitutional Court in 2015-2016. After 30 years of building an impressive resume as one of the most influential and successful European constitutional courts and living proof of “the rule of law in action“, the Court has fallen under the relentless attack of the rightwing populist government and succumbed...
Populisms, Elitism and the Threat to Liberal Constitutional Democracy in Brazil
Brazil is a useful case-study in the use, and limits, of the term ‘populism’, and the different ways in which the ‘p’ word is said to influence or threaten liberal democratic constitutionalism. Over a decade of what was often termed left-wing populist governance, under Presidents Lula and Dilma, is viewed in some quarters as having...
Populist Challenges to Liberal Constitutionalism: A Case of Poland
In this contribution to the panel, I will describe the specific characteristics of Polish populist dismantling of constitutional checks and balances typical of liberal constitutionalism: the cumulative and comprehensive nature of assaults upon checks and balances and upon political rights; the factor of emulation (mainly, of the Hungarian example); statutory “amendments“ of the Constitution; the...
The European Promise: EU integration as a post-conflict constitutionalisation of fundamental rights — and why it matters today
The starting point of most histories of the European project is post-WWII, with the Schuman declaration and the establishment of the European Steel and Coal Community. Indeed, one of the main justifications for the continuity of this project — now as the European Union — is to avert the horrors of inter-European war. One could...