Populism, Authoritarianism, and Institutional Resistance: Constitutional Courts in the Game of Power

28 Pages Posted: 6 Apr 2022

See all articles by Luís Roberto Barroso

Luís Roberto Barroso

Universidade do Estado do Rio de Janeiro; Harvard Kennedy School

Date Written: February 28, 2022

Abstract

Abstract: Democratic constitutionalism was the victorious ideology of the 20th century, having defeated the alternatives that appeared over the decades: communism, fascism, Nazism, military regimes, and religious fundamentalism. However, in these first decades of the 21st century, something seems to not be going very well. Some describe it as a democratic recession. This article identifies three phenomena that underlie this historical process: populism, extremism, and authoritarianism, as well as their political, economic-social, and cultural-identity causes. Then, after an analysis of the world context, this article focuses on the Brazilian experience in recent years, narrating the threats to constitutional legality and the institutional reaction. The final part discusses the limits and possibilities of constitutional courts in the exercise of their role of defending constitutionalism and democracy.

Keywords: Populism. Extremism. Democratic recession. Democratic resistance. Constitutional Courts. Brazil.

Suggested Citation

Barroso, Luis Roberto, Populism, Authoritarianism, and Institutional Resistance: Constitutional Courts in the Game of Power (February 28, 2022). Texas International Law Journal, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4045611

Luis Roberto Barroso (Contact Author)

Universidade do Estado do Rio de Janeiro ( email )

Rua Sao Francisco Xavier, 524 - 7th floor
Rio de Janeiro, Rio de Janeiro 20559-900
Brazil
55 21 2587-7100 (Phone)

HOME PAGE: http://lrbarroso.com.br

Harvard Kennedy School ( email )

Littauer-G-11G
Cambridge, MA 02138
United States

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