Populism and Courts in an Age of Constitutional Impatience : Judges vs the People.

Format:

Book

Author/Creator:

Girard, Raphaël, author.

Series:

Hart Studies in Constitutional Theory.

Hart Studies in Constitutional Theory

Language:

English

Subjects (All):

Constitutional law.

Courts.

Judges.

Populism.

Physical Description:

1 online resource (315 pages)

Edition:

1st ed.

Distribution:

London : Bloomsbury Publishing (UK), 2026.

Place of Publication:

London : Hart Publishing, 2026.

System Details:

text file rdaft

Summary:

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

Contents:

Intro

Foreword

Acknowledgements

Contents

Table of Cases (Including Advisory Opinions and Quasi-Judicial Decisions)

Table of Legislation (and International Treaties)

Table of Constitutions

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

I. Background and Context

II. Inquiry and Monograph Outline

III. Situating the Book ' s Contribution

IV. Notes on the Case Study Selection

V. Scope and Limitations

VI. Conceptual Clarifications

VII. Social Acceleration, Separation of Powers and the Spatiotemporal Contours of (Liberal Constitutional) Democracy

PART I: UNDERSTANDING POPULISM: TOWARDS A CONSTITUTIONAL THEORY OF POPULISM

1. Identifying Populism: Law, Popular Sovereignty and 'the People'

I. Introduction

II. Who are ' the People ' ?

III. The Sovereign People (or the Nation) as the Ultimate Source of Authority

IV. Conclusion

2. Implementing Populism: Constitutions, Constitutionalism and 'Constitutional Timelessness'

II. Populism, Plebiscitarianism (Referendums) and the Expression of the Popular Will

III. The Populist 'Constitutional Timelessness': A Rejection of Liberal Constraints on Popular Sovereignty

IV. Practical Implications: Constitutions, Constitutionalism and the Courts

V. Conclusion

3. Characterising Populism: Space, Time and 'Constitutional Impatience'

II. Space: From Distance to Proximity, Immediacy and Authenticity

III. Time: From Acceleration to Urgency, Expeditiousness and Instantaneity

IV. The Populist Chronotope: From Proximity and Urgency to 'Constitutional Impatience'?

PART II: RESPONDING TO POPULISM: QUESTIONING THE ROLE OF THE JUDICIARY AGAINST THE 'CONSTITUTIONAL IMPATIENCE' OF POPULISM.

4. Revolution, Democratisation and Judicial Obstruction in Armenia

II. Background: The 2018 'Velvet Revolution'

III. Pashinyan's 'Constitutional Impatience'

IV. Judicial Reform: The Populist against Ancien Régime Judges

V. Judicial Deceleration … Or Obstruction?

VI. Conclusion

5. 'Constitutional Impatience', Judicial Capture and Executive Aggrandisement in Ecuador

II. Constitutions, 'Constitutional Impatience' and Legal Symbolism: Rafael Correa's Citizens' Revolution

III. From 'Constitutional Impatience' to Judicial (and Institutional) Capture

IV. The Constitutional Court and the Refusal of Institutional Deceleration: Captured Courts as Active Agents of Executive Consolidation?

V. Judicial Capture as Part of a Project of Executive Aggrandisement?

6. Executive Power(s), 'Constitutional Impatience' and the Role of Courts as Institutional Stabilisers in the United Kingdom

II. UK Courts as Institutional Stabilisers

III. The Limits of Institutional Stabilisation (in the UK Context)

Conclusion

I. Recapitulation: Synthesis and Structure

II. Key Findings of the Monograph

III. Ramifications for Future Research

Bibliography

Index.

ISBN:

1-5099-8757-6

1-5099-8755-X

1-5099-8756-8

OCLC:

1577548150