POPULIST CONSTITUTIONALISM OR CONSTITUTIONAL POPULISM: THE PERPETUAL DILEMMA

Abstract

Modern democracy presents a baffling range of operational dynamics. Canonical constitutions of the world which have been enriched with the principles of constitutionalism are increasingly witnessing a great deal of acculturation at the hands of aspirational society. This is against the backdrop of mob violence spawning instabilities across different societies and democracies in the world. The source of all political power and the ultimate possessors of political power are both vested in the hands of the people. This principle forms the constitutional genesis of many of the major democracies across the world. This resulted in the embedment of populism in most modern democracies. Modern constitutionalism is a mixture of populism and elitism, with an attempt to conform with republican principles.

Democracies across the world are witnessing the emergence of several charismatic leaders whose modus operandi is to villainize opposition leaders, disparage institutions and claim the mantle of the people. This paper attempts to analyse whether the emergence of such populist regimes is healthy for constitutions across the world. The authors have first provided an analysis of the concepts of populism and constitutionalism. Subsequently, the difference between populist constitutions and constitutional populism is discussed. The paper also analyzes whether populism and constitutionalism can exist in isolation or co-exist? And if they can, than what is the ideal degree of interface between the two through several modern-day examples, particularly of the democracies in eastern and central Europe and India. The paper concludes with recommendations and suggestions from the authors based on the analytical research conducted on populism and constitutionalism.