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INTRODUCTION 1764 I. AGONISTIC REPUBLICANISM VS. AUTHORITARIAN POPULISM 1767 A. Agonistic Republicanism 1767 B. Authoritarian Populism 1774 II. AGONISTIC REPUBLICAN ADMINISTRATION AND POPULIST REGULATORY JURISPRUDENCE 1777 A. Administration as a [...], A Supreme Court majority has expressed hostility to administrative agencies. Yet, as this Article explains, agencies provide the primary site in our government for pluralistic contestation among disparate policy views. A political vision we identify as agonistic republicanism--a convergence among deliberative democrats, republican theorists, and agonism supporters--places such multilateral deliberation and debate among differing social groups at the foundation of democracy. A contrary vision, authoritarian populism, imagines a single leader embodying the will of a unified people with little use for the institutional mediation of divergent perspectives. This view, prominent in politics, enters legal theory through the rhetoric of judicial populism, which disparages contestation and the institutions that convene it. Focusing on three increasingly prominent legal doctrines, we show how judicial populist jurisprudence undermines policy contestation and, with it, the very possibility of true democracy. First, anti-deference: attacking the Chevron framework for statutory interpretation lets courts choose the meaning of laws that Congress addresses to agencies. Second, nondelegation: limiting the authority statutes can give agencies allows courts to dictate how Congress legislates. And third, major questions: barring agencies from regulating important issues leaves courts to set the scope of public policy. Along with unitary executive theory, these doctrines move power from the government institutions most responsive to pluralistic contestation--Congress and agencies--to those least subject to it--the President and the courts. Transferring power to the least contestatory branches stands in clear tension with a commitment to democracy in a pluralistic society. Yet proponents of this style of regulatory jurisprudence paint it as not just neutral but necessary under the Constitution--a view naturalized through decades of sociopolitical activism that has transformed our legal culture. To do so, they draw on populist images of a unitary people in need of protection from government bureaucrats, but not from one another. This Article argues instead that administrative action, presidential policy, and judicial doctrine should support the contestatory--and thus democratic--potential of our government.

The rise of populist leaders and nationalist parties has provoked a spate of commentary warning about the dangers posed by nationalism. Yet analysts often deploy the term as a catch-all for everything opposed to liberalism and fail to distinguish between different forms of nationalism. Differentiating expansionist authoritarian nationalism from national populism can help us clarify the serious threats facing the liberal international order as well as the lessons that populist expressions of democratic discontent might hold for strengthening liberal democracies., Author(s): Heather P. Wilford [sup.1] Author Affiliations: (1) grid.47100.32, 0000000419368710, Yale University, Political Science, , New Haven, CT, USA The prospects for liberalism appear precarious when only yesterday they seemed [...]

The twenty-first-century global resurgence in populism has raised academic contention over whether populism undermines or deepens democracy. This question is particularly relevant in postcolonial contexts such as South Africa. Populism can be of both the left and right. Fascism, one permutation of it, has been confined by leftist academics to right-radical nationalism. Contemporary South African populism in the form of the Economic Freedom Fighters (EFF), the country's third-largest political party, confounds neat categorization. An academic and political debate has ensued about whether the EFF presents a fascist threat to South African democracy. This article extends the scrutiny of the EFF beyond what has been undertaken thus far, to situate and analyze it in relation to economic, political, and social features of fascism, contextual and ideological conditions, and the use of rhetoric and violence., Introduction Since the start of the twenty-first century, as elsewhere in the world, populism increasingly has characterized South African political life. The country's apartheid legacy is exacerbated as demagogues turn [...]

I. Introduction I am delighted to be here in Tauranga this evening and honoured to be speaking as part of this lecture series. It was suggested that I revisit the [...]

This panel was convened at 10:30 a.m. on Friday, April 8, 2022, by its moderator, Heather Brandon-Smith of the Friends Committee on National Legislation, who introduced the speakers: Shiri Krebs [...]

Bringing the People Indoors In the beginning, the American Revolution was about liberty. To the Americans, as to their ideological mentors, the radical English Whigs, liberty was the antithesis and [...]

On November 8, 2016, the world was stunned by the election of Donald Trump as the forty-fifth president of the United States of America. The fact that roughly 63 million [...]

The United States is built upon the idea of popular sovereignty. The people, rather than any one person or an artificial body, wields ultimate power. Only the people can form, [...]

Populism is a political ideology that advocates citizen control of government, government policies that support the interest of average citizens rather than the interest of an elite few, and, often [...]

Populism can be defined and is generally viewed as a regime where the people rule. What distinguishes populism from democracy is a matter of degree: under populism, the people rule [...]

Author(s): Andrew Gamble [sup.1] Author Affiliations: (1) grid.11835.3e, 0000 0004 1936 9262, University of Sheffield, , Sheffield, UK Since leaving office as British Prime Minister in 2010 Gordon Brown has [...]

ABSTRACT Traditionalist constitutional interpretation takes political and cultural practices of long age and duration as constituting the presumptive meaning of the text. This Essay probes traditionalism's conceptual and normative foundations. [...]

Drawing on evidence from the Philippines, this paper investigates the so-called penal populism thesis. Penal populism refers to an understanding of justice in which criminal and anti-social activity should be harshly punished. The paper tests whether support for harsh penal policies, including the use of extrajudicial killings, is associated with underlying populist attitudes and preferences for charismatic leadership. Since coming to power in 2016, President Rodrigo Duterte has waged a violent and highly popular campaign against drug-related criminality. Based on survey modules fielded in 2016 and 2017, the paper demonstrates a positive relationship between populist attitudes and support for the campaign against illegal drugs in general and the extra-judicial killing of suspected drug users and dealers in particular. It also demonstrates a relationship between belief in the charisma of Duterte and support for the campaign against illegal dmgs. The implications of the theory and results for the fields of populism and penal populism research are discussed. Keywords populism, criminal justice, war on drugs, penal policy, charisma, INTRODUCTION In mid-2016, Rodrigo Duterte came to the presidency of the Philippines as a populist, anti-establishment candidate, promising to scale up the 'strongman' rule that he honed during his years [...]

Amidst the current political turmoil in America, a fresh look, at a forgotten bestseller like All the King's Men provides new insights on the recurrent phenomenon of 'populism' which is on the rise throughout the world. In this novel, Robert Penn Warren demonstrates that the sphere of personal relationships corresponds to that of politics. Willie, the novel's populist leader, is the object of desire for those closest to him. In terms of Lacanian psychoanalytic theory, he functions as the signifier that holds the promise of fullness and power for the split subjects around him. This dialectic of desire, analyzed through a combination of politics with personal and sexual relationships in All the King's Men, can be generalized to offer a precise diagnosis of the many-sided realities that underpin populist politics. Keywords: populism / politics / objet a / desire / phallus / Lacanian theory, With all the controversies surrounding President Trump, American democracy is facing unprecedented challenges that are widely attributed to a new wave of populism. Elusive as the term is, populism, in [...]

Democracy has come under pressure in many countries in recent years. Authoritarian tendencies, populism and the cult of leadership threaten pluralistic societies in Europe and other parts of the world. But democracy is more than just a method of finding a majority; it is inextricably linked to the fight against oppression and injustice in all contexts of life. Especially in times of democratic crisis, it is necessary to focus on its core aspects. The political thinking of French philosopher and writer Albert Camus, who died in 1960, offers the basis for a redefinition of democracy that is linked to and dependent on rebellion. From his reflections, a radical theory of democracy can be derived that is based on the absurdity of the world, its incompleteness, revolt and resistance to authoritarianism, on doubt, dialogue and foreignness. Keywords: Camus, democratic theory, radical democracy, rebellion, Introduction In the current discourse on politics and democracy the importance of resistance against authoritarianism is being rediscovered in the face of increasingly authoritarian tendencies. There is rising interest in [...]

The author conducts a comparative analysis of liberalism with special reference to ongoing developments in the European Union (EU) and the move toward authoritarian liberalism. In doing The article surveys conceptual models of ordoliberalism (otherwise known in the U.S. as neoliberalism), J.-W. Mueller's 'restrained democracy', J. Habermas' 'legitimation crisis', C. Crouch's 'post-democracy', and C. Macpherson's 'participatory democracy'. The basic analytical concept is the idea of authoritarian economic liberalism, first proposed by H. Heller and K. Polanyi. The author conceptualizes authoritarian liberalism as the practice of dedemocratization and restrained democracy, which has resulted in the regionalization of radical protest against the present supranational regime of political integration in contemporary Europe. Authoritarian liberalism restricts traditional forms of representative democracy, contributing to the rise of populism, political radicalism and political extremism. The authoritarian restriction of representative democracy can lead not only to the strengthening of market capitalism, but also to the revival of reactionary forms of 'new nationalism' and illiberalism. Today, the EU's regime has transformed from a nominally rule-based structure supported by market discipline into a 'discretionary order' reinforced by bureaucratic power. Contemporary Europe is developing a 'neocolonial paradigm' in regard to relations between the core and the periphery--between creditor countries and debtor countries. Keywords: authoritarian liberalism, market capitalism, representative democracy, neoliberalism, ordoliberalism, authoritarian liberalism, political liberalism, dedemocratization, restrained democracy, post-democracy, European Union, EU, Since the beginning of the 2008 financial crisis, the authority and legitimacy of the constitutional state and the state system in Europe has faced a number of existential challenges. These [...]

I. INTRODUCTION 94 II. THEORIES OF NATIONALISM 97 A. Economic Nationalism 98 in Political Science B. Financial Nationalism 101 in a Nutshell III. A BRIEF HISTORY OF 103 FINANCIAL AUTARCHY [...], Populism and nationalism are key drivers of current international economic relations, affecting almost all aspects of foreign economic policy. After almost four decades of cooperation in international financial relations, recent events suggest that we are now potentially entering a new phase of progressive disengagement. This new era would be dominated by the explicit need to safeguard domestic interests, in which regulatory barriers to cross-border finance will be more pronounced and curtailing the expansion of global financial markets will no longer be considered a policy taboo. This Article presents a brief history of financial nationalism and discusses some of its more recent phenomena around the world, from the regulatory conflicts between the European Union and the United Kingdom over the control of the European derivatives clearing market, to the attacks on central banks' independence, or the open distrust of western regulators against the Chinese FinTech giants. In contrast to other phenomena of economic populism, like trade protectionism, it is very difficult to theorize a single explanation behind this new protectionist push. Financial nationalism is neither an economic ideology nor a structured response to the downsides of economic globalization. More simply, it is the manifestation of a multiplicity of policy needs, which invariably lead to a reconfiguration of the inherent regulatory tradeoff between the protection of national sovereignty and the expansion of global markets; this time favoring the former.

This article focuses on the ongoing conflict in Eastern Ukraine (Donbass) that started with the events on the Euromaidan and the swift annexation of Crimea by Russia. Our analysis of key speeches by Vladimir Putin regarding the annexation of Crimea and the war in Donbass demonstrates that in this case, populism extends beyond the dichotomy of the people against the establishment, since it relies on complex notions of enmity and alliance. We argue that the Russian political leadership deployed a discourse of Russian identity based on an overstretched definition of the Russian nation, a new discursive division of the political space, and the introduction of new and the reaffirmation of old symbols of unity. We also conclude that populism and nationalism were used interchangeably depending on the audience: the Russian leadership has used discursive strategies associated with populism to articulate this new vision of identity to residents of Crimea and nationalist ones when addressing domestic audiences., Putin's Russia 'is not a democracy, but it is in the name of the people, and for the people. Putin's main constituency is 'the people.' All of his power comes [...]

This article examines and compares three very different interpretations of populism and Donald Trump's 2016 presidential election: Ian Bremmer's Us vs. Them: The Failure of Globalism; Jonah Goldberg's Suicide of the West; and Salena Zito and Brad Todd's The Great Revolt. Bremmer contends populism resulted in the U.S. and other nations when ruling elites failed to respond effectively to globalization's rapidly rising inequalities. Goldberg sees deep-rooted divides in classical political philosophy (Rousseau v. Hobbes) as sources for contemporary identity politics on the sex-and-gender obsessed left and on the nativist/nationalist right. Based on direct interviews and supplementary survey data, Zito and Todd construct varying typologies of voter groups who supported Trump. None of the authors recognize that populism's future may be seen in California where the effects of globalization, immigration and inequality are most pronounced., Author(s): Frederick R. Lynch [sup.1] Author Affiliations: (Aff1) 0000 0000 8837 8454, grid.254272.4, Department of Government, Claremont McKenna College, , 888 Columbia Avenue, 91711, Claremont, CA, USA Ian Bremmer, Us [...]

ABSTRACT 1783 INTRODUCTION 1784 I. THEORIES OF POPULAR CONSTITUTIONALISM 1792 A. Direct Popular Constitutionalism 1794 B. Mediated Popular Constitutionalism 1797 II. DISAGGREGATING CONSTITUTIONALISM 1799 A. Direct Popular Constitutionalism 1800 B. [...], In the debate about who controls the meaning of the Constitution, popular constitutionalism appears to be losing. Popular constitutionalist methods for popular input into the evolving meaning of the Constitution account for a diminishing fraction of changes to constitutional meaning over time. Social movements remain rare, Congress is increasingly dysfunctional, and recent presidential proclamations and executive orders have not engaged constitutionalism with the degree of specificity necessary to influence the meaning of the Constitution. Focusing on these traditional methods, it appears that judicial supremacy has won and that courts exercise near-exclusive control over the meaning of the Constitution. In this Article, I argue that such appearances are deceiving. As the debate between popular constitutionalism and judicial supremacy faded from legal scholarship a decade ago, new descriptive and normative accounts of agencies as actors involved in determining the meaning of the Constitution have emerged. Administrative agencies, through their statutory implementation and enforcement roles, are involved in the application of constitutional principles embedded in statutes. While agencies lack the popular pedigree of Congress and the President, these implementation and enforcement decisions often involve the people either formally through notice-and-comment rulemaking or informally through interest group and social movement engagement. Although not labeled "popular constitutionalism," these forms of popular engagement with agencies that have been richly explored in the historical and normative accounts of administrative constitutionalism should be understood as forms of popular constitutionalism. Beyond connecting administrative constitutionalism to popular constitutionalism, this Article will identify another means by which agencies through their actions involve the people in constitutional meaning determinations. This account requires a shift in focus from the popular inputs into administrative constitutionalism to the outputs from administrative constitutionalism. I show through the example of recent administrative actions enforcing the Fair Housing Act how administrative actions serve as catalysts for popular debate about the constitutional principles embedded in statutes and the means by which these constitutional principles should be applied.

I. INTRODUCTION Public law provides a "rule-based," or "normative," framework for the practice of politics by creating a concept of public, legal power and specifying how public power is to [...], As the articles in this Symposium suggest, populism and authoritarianism present ongoing challenges not only to liberal democracy but also to its legal underpinnings. Manipulation, avoidance, evasion, and outright rejection of the constitutional and legal frameworks of liberal democracy are features of populist authoritarianism. The basic argument of this article is that liberal-democratic public law and legal theory no longer satisfy human needs and desires because they were conceived in worlds that no longer exist, when the main pre-occupation was to secure liberty, not equality. The aim of the article is to explain the inherited structure of our public law and theory and the main events and developments that have produced this mismatch between public law and social aspiration. Cite as: Peter Cane, Executive Primacy, Populism, and Public Law, 28 WASH. INT'L L.J. 527 (2019).

I. INTRODUCTION: SEPARATION OF POWERS CONSCIOUSNESS The idea of populism is famously slippery: there is no clear, coherent, or consistent standard to hold it to. (1) That is, no doubt, [...], Discussions of populism often focus on the most visible points of executive power: individual leaders. Yet individual leaders only accomplish things through administrative apparatuses that enable and support their power. Rejecting a political theology that imagines sovereignty as inhering in a single decision-maker, this article turns to political pragmatics focused on the people who populate the government. I draw on interviews with administrators in the government of two successful but quite different democracies. The first is the United States, an old, flagship democratic state. The second is Taiwan, which transitioned from a four-decade military dictatorship to a vibrant democracy in the late twentieth century. My interviews probe how administrators understand their work and how they describe the conditions for its legitimacy. Many Taiwanese administrators tend to present their regulatory practices as highly dialogic and legitimated through ongoing interactions with multiple outside influences, including the legislature and multiple public sectors. Many American administrators, in contrast, tend to hew to a more rigid notion of separated powers, in which too much interaction with those outside the executive threatens the legitimacy of agency action. My Taiwanese interviewees' idealized state-involved government branches highly integrated with one another and their surrounding society. I suggest that this insistence on interpenetration as a hallmark of legitimacy presents conceptual obstacles to populist impulses, which seek to cordon-off executive action from outside influence and bypass legislative power and public influence. In contrast, the ideal of separated, antagonistic powers that underlies my American interviewees' descriptions of their work presents potentially hospitable channels for the flow of such populist desires. Cite as: Anya Bernstein, Interpenetration of Powers: Channels and Obstacles for Populist Impulses, 28 WASH. INT'L L.J. 461 (2019).

INTRODUCTION 128 PART I 130 130 A. The History and Political Ideology of Extreme Right-Wing Parties B. The Rise of New Extreme Right-Wing Parties and Political 134 Delegitimization 138 C. [...], The past decade has witnessed the rise in popularity of organizations and political parties founded on the extreme nationalism and populism that characterized the interwar period's fascist and Nazi parties. These organizations have become known as the "alt-right" and include white supremacists, neo-Nazis, neo-fascists, and other extreme right-wing fringe groups. Extreme right-wing political parties have also enjoyed electoral victories while promulgating xenophobia and hatred based on race, religion, ethnicity, nationality, and sexual orientation. This article examines the resurgence of such extreme right-wing political parties and the relationship between right-wing extremism, political parties, and terrorism. The goal of this article is to shift the discussion from one of political analysis of right-wing extremism to one of legal evaluation of the activities involved within the ambit of the recent advances in the criminalization of terrorism. Could the mobilization of extreme right-wing political parties be classified as terrorism? This article begins to answer this question by assessing the definitional problem of terrorism and critically analyzing the most recent legislative developments in the EU. The article focuses on the uneasy relationship between the legal nature of political parties and the crime of terrorism. It then applies insights from this debate to the specific case of Greece's popular extreme right-wing political party: Golden Dawn. It discusses Golden Dawn's development and political mobilization under the framework of terrorist statutes and argues in favor of a constitutional interpretation that gives political parties the necessary legal personality in order to incur collective criminal liability for such activities.

Steve Bannon has often been accused of fascism by his opponents. His real intellectual affiliation, however, is with the first generation of American neo-conservatives of the 1960s, people like Daniel Bell and Irving Kristol. Like them he criticizes immoral elites and an amoral version of capitalism in the name of traditional values. His criticism is a symptom of the long-running battle between Mind and Money, the war between intellectuals and capitalism., Author(s): Alan Kahan [sup.1] Author Affiliations: (Aff1) Dept des Etudes Anglophones, Université de Versailles/St. Quentin, , 610 Vauban, 78047, Guyancourt, Cedex, France In the last few year, populisms have arisen [...]