Populist Constitutionalism and Representation. Reflections on the People in a New ‘Social Question’ Perspective

This essay discusses the relation between populist constitutionalism and left-wing political populism, focusing primarily on their perception of ‘the people’. Being a distinctive current in United States (US) constitutional theory since the early nineties, populist or popular constitutionalism takes the people not just as a ‘name’ to which legislation and other political action are attributed. They consider them as citizens having the final word on the interpretation and the implementation of the Constitution. Populist constitutionalism cannot be associated with nationalist or authoritarian versions of political populism but has common features with left-wing populism which also aims to enhance people’s role and favors political mobilization. Notwithstanding their differences, populist constitutionalism and left-wing populism challenge minimalist theories of electoral democracy and legal distrust towards mass political activity. Their critical approach towards the dominant view of the Constitution from the standpoint of the ordinary people can be upheld if it is combined with questioning the social content and the institutional arrangements of existing liberal democracy.