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Populism and Judicial Backlash in the United States and Europe

Common criticisms of judicial activism stretch from the somewhat outdated but nonetheless repeatedly re-emerging argument of courts’ “counter-majoritarian difficulty”1)Alexander M. Bickel, The Least...

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Populism and the Turkish Constitutional Court: the Game Broker, the Populist...

Populist strategies have for some time been an integral part of Turkish political life employed dominantly by the right wing political parties.1)For populism as a discursive strategy in Turkey see...

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In Defense of Judicial Populism: Lessons from Colombia

In 2005, the Colombian Constitutional Court upheld an amendment allowing presidential reelection. An extremely popular President elected for the 2002-2006 period, Álvaro Uribe, was behind the reform....

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Working Well Is The Best Strategy: Judges under Populism

Introduction: foes of all stripes Let’s start with this truism—no administration, populist or not, wants courts meddling with them and checking on their power. Administrations often react to what they...

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Judges Speaking for the People: Judicial Populism beyond Judicial Decisions

We typically think of courts as victims or targets of populist politics, however we define the latter. Staffed by elites appointed by previous governments, high courts are indeed obvious targets for...

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Populist Constitutionalism

Populist engagement with constitution-making and constitutional reform forms a distinctive, and in significant ways worrying, tendency. Populism is explicitly present in the constitutional politics of...

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