Executive Primacy, Populism, and Public Law

Peter Cane

    Research output: Contribution to journalArticlepeer-review

    Abstract

    As the articles in this Symposium suggest, populism and authoritarianism present ongoing challenges not only to liberal democracy but also to its legal underpinnings. Manipulation, avoidance, evasion, and outright rejection of the constitutional and legal frameworks of liberal democracy are features of populist authoritarianism. The basic argument of this article is that liberal-democratic public law and legal theory no longer satisfy human needs and desires because they were conceived in worlds that no longer exist, when the main pre-occupation was to secure liberty, not equality. The aim of the article is to explain the inherited structure of our public law and theory and the main events and developments that have produced this mismatch between public law and social aspiration.
    Original languageEnglish
    Pages (from-to)527-579
    JournalWashington International Law Journal
    Volume28
    Issue number2
    DOIs
    Publication statusPublished - 2019

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