From rhetoric to action : a constitutional analysis of populism
| dc.contributor.author | FOURNIER, Théo | |
| dc.date.accessioned | 2018-02-20T13:39:26Z | |
| dc.date.available | 2018-02-20T13:39:26Z | |
| dc.date.issued | 2018 | |
| dc.description.abstract | Through this article, I analyse populism through the scope of constitutional law. It allows me first to underline the using, by populist parties, of a specific rhetoric which targets directly the two pillars of constitutional democracies: the rule of the majority and the rule-of-law. Populist rhetoric is, in my opinion, the much smaller common denominator to all populist parties. It consists in a fictional discourse aiming at convincing a fictional majority that constitutional democracy is at the origin of a tyranny of the minorities. Then I demonstrate how populist rhetoric – which is a strategy of political opposition – evolves into concrete constitutional amendments once populist parties are in power. For this I analyse, first, Ms. le Pen constitutional program drafted at the occasion of the 2016 French elections and, second, Mr. Orban constitutional amendments since Fidesz party came in power in 2010. The two cases underline a thorough understanding of the specific constitutional contexts the two populist parties are evolving in – far from a spread assumption that populism does not play by the “constitutional rules”. It is where the paradox of populism lays down: while through their rhetoric they reject any sort of rule of law, one in power, populists still respect constitutional rules to implement reforms which threaten the rule of law. I conclude my study by asking whether or not populism and constitutionalism can be reconciled. My answer is no, the so-called ‘populist constitutionalism’ is an oxymoron simply because values carried on by constitutionalism are incompatible with populists’ agenda. | en |
| dc.format.mimetype | application/pdf | en |
| dc.identifier.issn | 1725-6739 | |
| dc.identifier.uri | https://hdl.handle.net/1814/51725 | |
| dc.language.iso | en | en |
| dc.relation.ispartofseries | EUI LAW | en |
| dc.relation.ispartofseries | 2018/08 | en |
| dc.rights | info:eu-repo/semantics/openAccess | en |
| dc.subject | Populism | en |
| dc.subject | Constitutional strategy | en |
| dc.subject | Populist rhetoric | en |
| dc.subject | Hungary | en |
| dc.subject | France | en |
| dc.title | From rhetoric to action : a constitutional analysis of populism | en |
| dc.type | Working Paper | en |
| dspace.entity.type | Publication | |
| person.identifier.orcid | 0000-0003-1410-4479 | |
| person.identifier.other | 41036 | |
| relation.isAuthorOfPublication | d6b00da2-b7e4-45b0-8783-c99d0307219f | |
| relation.isAuthorOfPublication.latestForDiscovery | d6b00da2-b7e4-45b0-8783-c99d0307219f |
