Judicial Activism in an Age of Populism
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This book explores the range of meanings attributed to the terms ‘judicial activism’ and ‘populism’ in contemporary times and examines the potential interplay between these two phenomena. Drawing upon various political examples, it discusses the implication of populist movements for democratic institutions, policies, and processes.
The chapters in this volume examine the impact of populism on judicial decision making in various socio-cultural contexts. The contributing authors explore the implications of populist beliefs, including those which promote anti-democratic perspectives, on the integrity, independence, and the role of the judiciary in a democratic society. This volume offers unique international perspectives on the concern that populism initiatives may be and continue to be a threat to democratic foundational values and principles.
Judicial Activism in an Age of Populism will be a beneficial read for students of Politics, Sociology, Public Administration and Management, and Law and Society. It was originally published as a special issue of The International Journal of Human Rights.
Table of Contents
Introduction 1. The impact of populism on constitutional interpretation in the EU Member States 2. The instrumental abuse of constitutional courts: how populists can use constitutional courts against the opposition 3. (De-)judicialization of politics in the era of populism: lessons from Central and Eastern Europe 4. Authoritarian populism, conceptions of democracy, and the Hungarian Constitutional Court: the case of political participation 5. Through selective activism towards greater resilience: the Czech Constitutional Court’s interventions into high politics in the age of populism 6. Judicial activism, populism and counterterrorism legislation in Kenya: coalition for Reform and democracy (CORD) & 2 others v Republic of Kenya & 10; others  7. Pandemic and community’s sense of justice through suo motu in India 8. Abortion, same-sex marriage, and gender identity during the Pink Tide: Venezuela compared to Latin American trends
Sonja Grover is Full Professor at the Faculty of Education, Lakehead University, Ontario, Canada. She graduated with a PhD from University of Toronto. She has devoted more than 20 years to law research, publishing numerous law books and in peer reviewed international law journals. She is an Associate Editor of The International Journal of Human Rights.