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Book Cover for: Power to the People: Constitutionalism in the Age of Populism, Mark Tushnet

Power to the People: Constitutionalism in the Age of Populism

Mark Tushnet

Self-described populist leaders around the world are dismantling their nation's constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others
aren't. Context and detail matter.

Power to the People offers a thin definition of constitutionalism that people from the progressive left to the conservative right should be able to agree on even if they would supplement the thin definition withn other more partisan ideas. This is followed by a similarly basic definition of
populism. Comparing the two, this book argues that one facet of populism -its suspicion of institutions that are strongly entrenched against change by political majorities-is sometimes inconsistent with constitutionalism'sbthinly understood definition.

The book provides a series of case studies, some organized by nation, others by topic, to identify, more precisely, when and how populist programs are inconsistent with constitutionalism-and, importantly, when and how they are not. Concluding with a discussion of the possibilities for a deeper,
populist democracy, the book examines recent challenges to the idea that democracy is a good form of government by exploring possibilities for new, albeit revisable, institutions that can determine and implement a majority's views without always threatening constitutionalism.

Book Details

  • Publisher: Oxford University Press, USA
  • Publish Date: Dec 6th, 2021
  • Pages: 294
  • Language: English
  • Edition: undefined - undefined
  • Dimensions: 9.34in - 6.42in - 0.87in - 1.24lb
  • EAN: 9780197606711
  • Categories: ConstitutionalInternationalComparative

About the Author

Mark Tushnet is William Nelson Cromwell Professor of Law emeritus at Harvard Law School. Before teaching at Harvard, he was a Professor of Law at the University of Wisconsin Law School and Georgetown University Law Center. He was President of the Association of American Law Schools in 2003. In 2002 he was elected a fellow of the American Academy of Arts and Sciences.

Bojan Bugaric is Professor of Law at Sheffield University, School of Law. Before teaching at Sheffield, he was a Professor of Law at the University of Ljubljana, School of Law.

Praise for this book

"Tushnet and Bugaric provide a series of case studies to identify when and how populist programs worldwide are inconsistent with constitutionalism and, importantly, when and how they are not. Concluding with a discussion of the possibilities for a deeper, populist democracy, they examine recent challenges to the idea that democracy is a good form of government by exploring possibilities for new, albeit revisable, institutions that can determine and implement a majority's views without always threatening constitutionalism." -- Law & Social Inquiry"Defending constitutionalism may seem remote from the everyday experience of most lawyers in this country but if we can't - or won't - defend the rule of law, who will? Power to the People provides the tools to engage in a debate that is likely to define at least the first half of 21st-century constitutionalism." -- Max D Winthrop, senior partner at Short Richardson & Forth, Newcastle, Law Society Gazette