democracy;
populism;
rule of law;
ESSENTIALLY CONTESTED CONCEPT;
D O I:
10.1177/02633957211041444
中图分类号:
D81 [国际关系];
学科分类号:
030207 ;
摘要:
Popular sovereignty plays a central role in both the democratic and the populist ideology. While democracy's version of qualified sovereignty is accepted as mutually constitutive with the rule of law, populism's version of absolute sovereignty is seen as incompatible with this ideal. The article reconsiders this oversimplifying approach. By examining the interaction of these concepts with a nuanced account of the rule of law, it argues for the compatibility of both democracy and populism with different versions of this ideal. While this remains a key distinguishing factor between democracy and populism, the ambiguity of the rule of law still allows populism to claim that it complies with a thin version of this concept.
机构:
United Kingdom Supreme Court, London, England
Law Commiss England & Wales, London, England
Judicial Appointments Commiss England & Wales, London, EnglandUnited Kingdom Supreme Court, London, England
Toulson, Lord
FIFTY YEARS OF THE LAW COMMISSIONS: THE DYNAMICS OF LAW REFORM,
2016,
: 127
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138