1st Edition
Populist Challenges to Constitutional Interpretation in Europe and Beyond
PART I Theoretical implications
Zoltán Szente Populism and populist constitutionalism
Fruzsina Gárdos-Orosz and Zoltán Szente The art of constitutional interpretation
Anna Gamper An ‘Instrument of Government’ or ‘Instrument of Courts’? The Impact of Political Systems on Constitutional Interpretation and the Case of Populism
Mark Tushnet Can There be Autochthonous Methods of Constitutional Interpretation?
PART II Constitutional interpretation and populism in Europe
Konrad Lachmayer Formalism and Judicial Self-Restraint as Tools Against Populism? Considerations Regarding Recent Developments of the Austrian Constitutional Court
Zdeněk Kühn The Czech Constitutional Court in Times of Populism:From Judicial Activism to Judicial Self-Restraint
Djordje Gardasevic Popular Initiatives, Populism and the Croatian Constitutional Court
Apostolos Vlachogiannis Constitutional identity as a populist notion?
Fruzsina Gárdos-Orosz Constitutional interpretation under the new Fundamental Law of Hungary
Gianmario Demuro and Riccardo Montaldo, The populist reforms in Italy and the instrument of the constitutionally conforming interpretation
Wojciech Brzozowski Whatever works - Constitutional Interpretation in Poland in Times of Populism
Alexandra Mercescu Non sequiturs in Constitutional Adjudication: Populism or Epistemic Deficit?
Francisco Balaguer Callejón Constitutional Interpretation and Populism. The case of Spain
John McEldowney Populism, UK sovereignty, the rule of law and Brexit
PART III An Outlook
Mark A. Graber Born Populist: The Trump Administration, the Courts and the Constitution of the United States
Martin Loughlin Constitutional Interpretation: What can Europeans learn from US debates?
Pablo Riberi Populist and non-democratic reading of the Constitution
PART IV Summary
Fruzsina Gárdos-Orosz and Zoltán Szente Populist challenges to constitutional interpretation
Biography
Fruzsina Gárdos-Orosz is Director and Senior Research fellow of the Institute for Legal Studies, Centre for Social Sciences, Hungary, and also Associate Professor in Constitutional Law at the ELTE Law School in Budapest, Hungary.
Zoltán Szente is Professor of Law at the Department of Constitutional Law, National University of Public Service, and he is a Research Professor at the Institute for Legal Studies, Centre for Social Sciences of the Hungarian Academy of Sciences, Budapest. He is a co-chair of the IACL Research Group on Constitutional Interpretation, and a Vice-president of the Independent Group of Experts of the Council of Europe.
