In this policy brief, Cas Mudde of the University of Georgia sets out a definition for populism and argues that, contrary to claims by the Tea Party and other populist movements around the world, populism is in fact theoretically opposed to constitutionalism. He reasons that, while populism is essentially democratic, by adopting a form of extreme majoritarianism, it is contrary to the limits placed on both popular sovereignty and majority rule that are integral to constitutional principles.

There is a general trend among recent populist movements to implement measures that interfere with the independence and proper functioning of the judiciary. These movements seek to frame the courts in opposition to the popular will, yet the truth is more complicated than the populists would have us believe.

One of the driving principles behind the contemporary populist vision of democracy is to no longer respect legal boundaries and constitutional constraints to the so-called ‘will of the people’.

Through analysis of the contemporary Italian political situation, this policy brief addresses a number of critical constitutional strains caused by populism, including: