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- Title
POPULIST CONSTITUTIONALISM.
- Authors
BERNSTEIN, ANYA; STASZEWSKI, GLEN
- Abstract
The article explains how judicial populist constitutional jurisprudence undermines policy contestation. Topics discussed are agonistic Republicanism versus authoritarian populism, agonistic Republican administration as a contestatory site, judicial populism in regulatory jurisprudence, legal doctrines of anti-deference, nondelegation and major questions, and the influence of sociopolitical, conservative legal movement in the popularization of the rhetoric of constitutional teleology.
- Subjects
POPULISM; JURISPRUDENCE; JUDICIAL process; CONSTITUTIONALISM; LEGAL judgments; REPUBLICANISM; AUTHORITARIANISM; AGONISM (Political science)
- Publication
North Carolina Law Review, 2023, Vol 101, Issue 6, p1763
- ISSN
0029-2524
- Publication type
Article