The recent resurgence of populism poses a significant challenge to constitutional law today and to the deeper tradition of modern constitutionalism. Despite resisting formal limitations on their power to represent the ‘true’ popular will, populist regimes nevertheless find … [Read more...]

One way for judges to be responsive to the concerns of ordinary people is to take public opinion into account in their decisions. In this paper, I examine cases in which the US Supreme Court and the Swiss Federal Tribunal have explicitly done so. To identify relevant decisions, I … [Read more...]

The populist turn in national and international politics includes one common question across countries: curbing immigration and limiting the rights of migrants. In the light of these restrictive tendencies, the questions that this paper seeks to address are: whether and how the … [Read more...]

This article begins with a brief overview of the characteristics of illiberal democracy proclaimed in Hungary and followed by Poland, the once “Musterkinder” of European integration and compliance with the EU values and law. In the second part we analyze the weaknesses of … [Read more...]

In this paper, I take a formal approach to recent populist movements, aiming to make a prognosis of a new strain of populism.  I argue that new populism emerges from the communications technology-driven pursuit for unmediated politics, betraying a pathology of instantaneous … [Read more...]