Populism and Courts in an Age of Constitutional Impatience: Judges vs the People

Author

Raphaël Girard

ISBN: 9781509987542
Published: April 2026
Format: Hardcover
Language: English
Publisher: Hart Publishing

Description

This book addresses one of the most pressing issues of our time: the rise of populism and its implications for courts and other legal institutions. It challenges the prevailing view in comparative constitutional law that courts can reliably act as bulwarks against authoritarian, self-aggrandising populists in power. Using the lens of spatiotemporality — the conjunction of space and time — the book analyses populism as a constitutional project marked by "constitutional impatience": a drive for temporal efficiency and spatial proximity that reshapes law's institutional and normative order.

Key Features

• Offers a novel theoretical framework built around the concept of "constitutional impatience"
• Provides a fresh, contextual inquiry beyond the usual focus on established Western democracies
• Examines three case studies: Armenia, Ecuador and the United Kingdom
• Brings insights from understudied jurisdictions at the periphery and in the Global South
• Part of the acclaimed Hart Studies in Constitutional Theory series

Coverage

The book focuses primarily on the judiciary as a key institution of liberal constitutional democracy. It offers a contextual analysis of populism's relationship with constitutionalism across Armenia, Ecuador and the United Kingdom, highlighting divergent tensions and impacts rather than uniform outcomes, and challenging assumptions about both the institutional role of courts and the nature of constitutionalism itself.

About the Author

Raphaël Girard is Senior Lecturer in Law at the University of Exeter Law School, where he is also Director of the Graduate LLB Law programme. His research areas include constitutional law, comparative constitutional law and constitutional theory, with a particular focus on the intersection of populism, authoritarianism, constitutionalism and democracy. He holds a PhD in comparative constitutional law from the London School of Economics and Political Science.

Table of Contents

Introduction: Populism and Constitutional Impatience — Part I: A Theoretical Framework of Spatiotemporality — Part II: Case Studies (Armenia, Ecuador, United Kingdom) — Conclusion: Courts, Populism and the Limits of Constitutionalism.

Why buy this book?

For law libraries and constitutional scholars, this is one of the first monographs to test the assumption that courts are automatic safeguards against populism, using rigorous comparative case studies from outside the usual Western canon. It is essential reading for anyone researching democratic backsliding, judicial independence or comparative constitutional theory.

Keywords

Populism, constitutional impatience, comparative constitutional law, judicial independence, courts, democratic backsliding, spatiotemporality, Armenia, Ecuador, United Kingdom

Target Audience

Legal academics, constitutional law scholars, judges, comparative law researchers, law libraries, public law practitioners

Genre

Constitutional Law, Comparative Law, Political Science, Law Books

Frequently Asked Questions

What is "constitutional impatience"? It is Raphaël Girard's term for a populist drive toward temporal efficiency and spatial proximity that reshapes a country's institutional and normative legal order.

Do courts always act as a check on populism? No. The book argues the relationship is complex and context-dependent, producing divergent outcomes rather than a uniform protective effect.

Which jurisdictions does the book examine? Armenia, Ecuador and the United Kingdom, offering perspectives from both established and understudied democracies.

Who is this book for? Constitutional law scholars, comparative law researchers, judges, law libraries and postgraduate law students.

Where can I buy Populism and Courts in an Age of Constitutional Impatience? Directly from CLNZ Books at clnzbooks.com. Price includes worldwide courier shipping, and payment is accepted by credit card or PayPal.

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Frequently Asked Questions

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