Richard Bellamy (University College London – Department of Political Science) has posted Political Constitutionalism and Populism (Journal of Law and Society https://doi.org/10.1111/jols.12401) on SSRN. Here is the abstract:
Criticisms of political constitutionalism’s relationship to populism point in two opposed directions. Legal constitutionalists consider it too open to, and even as legitimating, populist politics. Radical democrats consider it too closed to popular participation, prompting an anti-system politics of a populist character. I dispute both these views. Underlying these contrasting assessments are differing conceptions of populism and constitutionalism. This article distinguishes right from left wing populism, and limited from non-arbitrary government as constitutional ideals. Legal constitutionalism typically embraces the first ideal. However, that can be a driver of both right- and left-wing populism, and allow types of arbitrary rule that democratic backsliding and illiberal regimes can (and do) exploit. By contrast, political constitutionalism involves the second ideal and is antithetical to right-wing populism while potentially friendly to the legitimate demands of left-wing populism. Nevertheless, the reality of political constitutionalism in the UK (and elsewhere) often falls short of its theoretical potential. Addressing these shortcomings, though, requires strengthening democracy rather than the legal constitution, not least through electoral reform.