Skip to main content Accessibility help
×
Home

Introduction—Public law and populism

  • Rosalind Dixon

Abstract

In an age of profound democratic anxiety, significant academic attention has been paid to the crisis in constitutional democracy. Constitutional lawyers, however, are still grappling with the relationship between public law and the current actual and perceived threats facing constitutional democracy in countries worldwide. This Introduction considers how the articles in this special volume address three pressing questions. How should we should define the current threats to democracy, and populist challenge? Second, how might public law be a potential cause or contributing factor? Third, how might public law still provide some answers to the contemporary challenges to constitutional democracy? In Prof Dixon’s view, constitutional democracy is a good worth preserving and there are models of at least relative “success” in the current constitutional universe. But Prof Dixon shares the view of many contributors to the special volume that the challenge is immense, and urgent, and that there are no easy solutions.

  • View HTML
    • Send article to Kindle

      To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

      Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

      Find out more about the Kindle Personal Document Service.

      Introduction—Public law and populism
      Available formats
      ×

      Send article to Dropbox

      To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

      Introduction—Public law and populism
      Available formats
      ×

      Send article to Google Drive

      To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

      Introduction—Public law and populism
      Available formats
      ×

Copyright

This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

Footnotes

Hide All
*

Rosalind Dixon is a professor of Law, UNSW Sydney, Co-president International Society of Public Law. The author thanks Oran Doyle and Andrea Pin for helpful comments and the invitation to be part of the symposium, and Melissa Vogt for outstanding research assistance. Email: rosalind.dixon@unsw.edu.au

Footnotes

References

Hide All

1 See Steven Levitsky & Daniel Ziblatt, How Democracies Die (2018).

2 See David Runciman, How Democracy Ends (2018).

3 See Yascha Mounk, The People Vs. Democracy: Why Our Freedom is in Danger and How to Save It (2018).

4 See Aziz Z. Huq & Tom Ginsburg, How to Save a Constitutional Democracy (2018).

5 See e.g., Mark A. Grbaer, Sanford Levinson, & Mark Tushnet, Constitutional Democracy in Crisis (2018).

6 See N.W. Barber, Some Thoughts on Populism and Political Parties, in this issue.

7 Zoran Oklopcic, Imagined Ideologies: Populist Conjurations and the Promises of Constitutionalism, in this issue.

8 See Erik Longo, The European Citizens’ Initiative: Too Much Democracy for EU Polity?, in this issue; Andrea Pin, The Transnational Drivers of Populist Backlash in Europe: The Role of Courts, in this issue.

9 Longo, supra note 8.

10 Pin, supra note 8.

11 See Gonzalo Candia, Regional Human Rights Institutions Struggling Against Populism: The Case of Venezuela, in this issue (citing David Landau, Abusive Constitutionalism, 47 U.C. Davis L. Rev. 189 (2013)).

12 Id.

13 See Prendergast, The Judicial Role in Protecting Democracy from Populism, in this issue.

14 See Oran Doyle, Populist Constitutionalism and Constituent Power, in this issue.

15 Id.

16 Id.

17 See Satoshi Yokodaido, Constitutional Stability in Japan Not Due to Popular Approval, in this issue.

18 For my own engagement with this debate, see also Rosalind Dixon & Guy Baldwin, Globalizing Constitutional Moments (UNSW Law Research Paper No. 17–74), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3057199.

19 See Runciman, supra note 2.

20 See Rosalind Dixon & Anika Gauja, Australia’s Non-populist Democracy? The Role of Structure and Policy, in Constitutional Democracy in Crisis? 395 (Mark A. Graber, Sanford Levinson & Mark Tushnet eds., 2018).

* Rosalind Dixon is a professor of Law, UNSW Sydney, Co-president International Society of Public Law. The author thanks Oran Doyle and Andrea Pin for helpful comments and the invitation to be part of the symposium, and Melissa Vogt for outstanding research assistance. Email:

Keywords

Introduction—Public law and populism

  • Rosalind Dixon

Metrics

Full text views

Total number of HTML views: 0
Total number of PDF views: 0 *
Loading metrics...

Abstract views

Total abstract views: 0 *
Loading metrics...

* Views captured on Cambridge Core between <date>. This data will be updated every 24 hours.

Usage data cannot currently be displayed