The Legal Face of Populism: From the Classroom to the Courtroom

Jean Monnet Working Paper 9/17

24 Pages Posted: 2 May 2018

See all articles by Myriam Hunter-Henin

Myriam Hunter-Henin

University College London - Faculty of Laws

Date Written: December 13, 2017

Abstract

This article examines the normative-conceptual contrast between populism and radical democracy against the specific backdrop of two case-studies – the Fundamental British Values discourse in the UK and the French burqa ban. The goals of the article are twofold. First, to enrich the understanding of populism by analysing the interactions between populism, democracy and legal reasoning. Secondly, to offer ways of resisting a populist turn in legal reasoning. I will argue that law’s response to populism should embrace the ideals of radical democracy, namely deliberation and inclusiveness. In order to enhance deliberation and ensure its inclusiveness, I will submit that law should both retreat (from the classroom) and actively riposte against populism (in the courtroom).

Keywords: Populism, radical democracy, Fundamental British Values, burqa ban, deliberative democracy

Suggested Citation

Hunter-Henin, Myriam Caroline, The Legal Face of Populism: From the Classroom to the Courtroom (December 13, 2017). Jean Monnet Working Paper 9/17. Available at SSRN: https://ssrn.com/abstract=3162326 or http://dx.doi.org/10.2139/ssrn.3162326

Myriam Caroline Hunter-Henin (Contact Author)

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

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