The anti-judicial face of constitutional democracy

Populist, Political, and Popular Challenges to Liberal Constitutionalism

Bibliographic Data

ID7473772
AuthorsValerio Fabbrizi (0000-0002-1510-6313, University of Rome Tor Vergata, corresponding author)
Year2026
Volume19
Issue1
Pages142-164
Publication date2026-01-02
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueJournal of Political Power (JOURNAL)
Journal identifiersISSN: 2158-379X • E-ISSN: 2158-3803
PublisherInforma UK Limited (PUBLISHER • GB)
DOI10.1080/2158379x.2025.2554179
OpenAlexW4414427821
LanguageEN
References cited34

Political and popular varieties of constitutionalism can be considered the main foes of judicial constitutionalism to critique judicial supremacy and dualist democracy. Nevertheless, the rise of populism has introduced a third, anti-judicial and openly illiberal model of constitutionalism. This article addresses these three anti-judicial varieties of constitutionalism by offering a comparative analysis to outline their prerogatives and show differences and incompatibilities among them. After a profile of the three varieties, the final section will compare them to suggest that populist scepticism to liberal democracy can be compared but not conflated with political and popular criticisms to judicial supremacy

Judicial and Constitutional Studies · Political Theology and Sovereignty · Populism, Right-Wing Movements

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