Rules of Standing and Populist Constitutionalism: The Case of the Greek Council of State

This chapter argues that a relaxed employment of locus standi rules in constitutional cases might enable greater citizen’s participation in creating constitutional meaning, hence promoting what can be seen as a form of populist constitutionalism. It examines recent case-law of the Greek Council of State (CoS or the Court), which approaches the locus standi rules with considerable flexibility, especially when hearing cases of major public interest. By refraining from a formalistic application of the rules of standing, the CoS gains the opportunity to address the disputed issues and decide constitutional cases on the merits. This trend is confirmed in cases brought before the Court both by individual persons as well as by interest groups and associations. Although broad standing rules entail the risk of introducing an actio popularis, the CoS seems nevertheless to favor a lenient application of the relevant rules. By enabling ordinary people to be heard before it in order to have their constitutional rights enforced, the Court lays the ground for wider popular involvement in the creation of constitutional case-law, effectively promoting what in parts of the constitutional theory literature has been termed populist (or popular) constitutionalism.