‘False’ Populists’ Abuse of Majoritarianism and Political Constitutionalism

The illiberal regimes in Central and Eastern Europe present themselves as populist, using anti-representation and pro-direct democracy arguments. But in reality, this is only rhetoric, which does not necessarily correspond with these populists’ practice. Autocrats’ populism is ‘false’ their decisive characteristic is authoritarianism. What makes them distinct from non-populist autocrats are the democratic elections through which they come to power. The main argument of Central and Eastern European illiberals to defend their constitutional projects is grounded in claims to majoritarianism and political constitutionalism, which favors parliamentary rule and weak judicial review. But these efforts have nothing to do with either majoritarianism, because they are not based on the mechanism of political accountability and checks on power, or with political constitutionalism, because they do not question the capacity of constitutional courts to invalidate legislation passed by parliaments.