Power to the People

Mark Tushnet is William Nelson Cromwell Professor of Law emeritus at Harvard Law School. Before teaching at Harvard, he was a Professor of Law at the University of Wisconsin Law School and Georgetown University Law Center. He was President of the Association of American Law Schools in 2003. In 2002 he was elected a fellow of the American Academy of Arts and Sciences. Bojan Bugaric is Professor of Law at Sheffield University, School of Law. Before teaching at Sheffield, he was a Professor of Law at the University of Ljubljana, School of Law.

• Note on Sources Introduction Part One: The Framework Chapter 1. What Is Constitutionalism?Chapter 2. What Is Populism? Chapter 3. Populism and Constitutionalism Part Two: Populism in Practice Chapter 4. Populist Authoritarianism: Hungary and PolandChapter 5. The Problem of the FrankenstateChapter 6. Populism in Western EuropeChapter 7. Southern Europe: Greece and Spain Chapter 8. Court- Packing or Court Reform?: Challenging Judicial Independence by Enhancing Accountability Chapter 9. Populism and Executive Power: Term Limits and Rule by Decree Chapter 10. Guardrails and Institutions Part Three: Constitutionalism After Populism Chapter 11. Rejecting Democracy Chapter 12. Power to the People: Empowered Democracy Epilogue

Tushnet and Bugaric provide a series of case studies to identify when and how populist programs worldwide are inconsistent with constitutionalism and, importantly, when and how they are not. Concluding with a discussion of the possibilities for a deeper, populist democracy, they examine recent challenges to the idea that democracy is a good form of government by exploring possibilities for new, albeit revisable, institutions that can determine and implement a majority's views without always threatening constitutionalism.