Populism and Civil Society: The Challenge to Constitutional Democracy

From the co-authors of the classic Civil Society and Political Theory, Populism and Civil Society offers an empirically informed, systematic theoretical analysis of the political challenges posed by contemporary populism to constitutional democracies.\nPopulism and Civil Society provides a political assessment and critical theory of the significance of what is now a global phenomenon: the growing populist challenge to constitutional democracy. Andrew Arato and Jean L. Cohen examine the challenge it presents in terms of its four main organizational forms: socio-political movement, political party, government, and regime. They focus in particular on the tense relationship of populism to democracy and of populism to constitutionalism. Without presupposing the authoritarian logic of the phenomenon in the definition, the book demonstrates it through the reconstruction of the main elements used by advocates to identify populism. To be sure, the authoritarian logic of populism is not realized in every instance of it, and the book analyses why this is so. Across modern history, many populist governments have in fact been "hybrid" regimes, blending authoritarian elements and residual democratic forms. Populism on its own, however, is a form 
of abusive or instrumental "constitutionalism" that typically relies on the alleged permanence of the quasi-revolutionary constituent power. The book concludes by outlining a non- and anti-populist project of democratization and social justice, distinguishing between the "popular" and the "populist" and offering a program that is nourished by the plurality of democracies and which rescues some of left populism's more benevolent "host ideologies."

Arato, Andrew

Cohen, Jean L.

Legal Theory & Systems

Oxford University Press

Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.

Post Sovereign Constitutional Making: Learning and Legitimacy (Oxford Constitutional Theory)

Administrative Law

The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.

Constitution Making Under Occupation: The Politics of Imposed Revolution in Iraq (Columbia Studies in Political Thought / Political History)

History

Middle East

Columbia University Press

Constitution Making Under Occupation: The Politics of Imposed Revolution in Iraq

In this major contribution to contemporary political theory, Jean Cohen and Andrew Arato argue that the concept of civil society articulates a contested terrain in the West that could become a primary locus for the expansion of democracy and rights.

Civil Society and Political Theory (Studies in Contemporary German Social Thought)

Politics & Social Sciences

Philosophy

Mit Pr

In this first serious work on the theory of civil society to appear in many years, Jean Cohen and Andrew Arato contend that the concept of civil society articulates a contested terrain in the West that could become the primary locus for the expansion of democracy and rights.

The MIT Press

The Young Lukaacs and the Origins of Western Marxism

Business & Money

Seabury Pr

The essays in this volume trace an intellectual odyssey, a search for a genuinely critical theory. The book begins with the question of why the Frankfurt School as well as other neo-Marxist and post-Marxist analysts, both in the West and in dissident circles in the East, failed to produce a critical theory of Soviet socialism or to establish a dynamic relationship with contemporary social movements. As the political struggle in Eastern Europe intensified, the author of this book disengaged from his own efforts to reconstruct a critical Marxism. Instead, he attempts a reconstruction of democratic theory based on civil society rather than class categories, and with a critical relevance not only to the transition from state socialism but more generally to the universal goal of emancipation.

From Neo-Marxism to Democratic Theory: Essays on the Critical Theory of Soviet-type Societies

Sociology

Routledge

The Adventures of the Constituent Power: Beyond Revolutions? (Comparative Constitutional Law and Policy)

Constitutions are made in almost all transformation of regimes. What are the dangers and the hopes associated with such a process? What can make constitution-making legitimate? The Adventures of the Constituent Power explores the democratic methods by which political communities make their basic law, arguing that the most advanced method developed from Spain and South Africa. The first part of this book focuses on history of the idea of constitution-making, before and during the democratic revolutions of the eighteenth century. The second part traces the notion of the constituent power in recent regime transitions that were consciously post-revolutionary, from Spain to South Africa. With the return of revolutions or revolutionary patterns of constitution-making, the book examines the use and potential failure of the new ideas available. The third part then proceeds to consider the type of constitution that is likely to emerge from the post-sovereign process.

Constitutional Law

Cambridge University Press

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