THE INFLUENCE OF POPULISM ON THE CONSTITUTIONALITY OF EUROPEAN COUNTRIES (original) (raw)

2013, Europa of Founding Fathers : Investment in the common future. Olsztyn: The Faculty of Law and Administration at The University of Warmia and Mazury

  1. Problem statement: Fulfilling the vision of European countries with rich democratic tradition is not an easy task. One of the problems that should be noted on this journey is a random occurrence of the increase of populism within some nationalistic political systems and its influence on constitutions. At the global constitutional level, particularly in the regions of Latin America, Africa and Asia, we can note some constitutional systems with an expressive influence of populist ideology on the creation of constitution. However, even European constitutional area is not immune to this phenomenon, the Balkan countries being a good example of it, but also it is the case with the contemporary Hungarian situation with constitution. 2) Methods&Procedure: Comparative, theoretical, historical, legal, normative methods. 3) Results&Findings: In this work authors present the theoretical analysis of the conditions that favor the appearance of populism , as well as the way in which it affects the formation of constitutional provisions. Besides pointing to the common elements that help us recognize that a constitution has been created under the influence of populism , the author also directs his research efforts towards proving the hypothesis that populism destabilizes a constitutional democracy. 4) Conclusion: Such a situation can, at the same time, represent a threat to the fulfillment of an idea of a human European democratic society and therefore it is necessary to duly dedicate "creative efforts corresponding to the amount of the actual threat" in the context of Schuman's vision that " Europe cannot be created overnight."

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