The People Against the Constitution

26 Pages Posted: 22 Jun 2017 Last revised: 6 Sep 2017

See all articles by Aziz Z. Huq

Aziz Z. Huq

University of Chicago - Law School

Date Written: June 21, 2017

Abstract

“Populism” as a political phenomenon has returned to public attention, but its implications for public law, and in particular constitutional law, remain poorly understood. This review-essay uses the monograph What is Populism? by Jan-Werner Müller to examine the salience of populism as a distinctive modality of political claim-making to U.S. constitutional law. To that end, I contrast Müller’s definition of populism with alternative accounts, and suggest reasons why constitutional scholars should employ the Müller’s. Leveraging that definition, I develop a series of tensions between populism and the observed tenets of liberal constitutional democracy under law in the United States.

Keywords: Constitutional law; populism; constitutional design; comparative constitutionalism

Suggested Citation

Huq, Aziz Z., The People Against the Constitution (June 21, 2017). Michigan Law Review, Vol. 116, 2017; U of Chicago, Public Law Working Paper No. 628. Available at SSRN: https://ssrn.com/abstract=2990478

Aziz Z. Huq (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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