Populism and the Rule of Law
Subject : International Law - Comparative Constitutional Law
BRUSSELS – As legal and political systems worldwide grapple with the strains of populism and democratic backsliding, the European Center for Populism Studies (ECPS), in collaboration with Oxford University, has announced a comprehensive virtual program set to run from September 2025 to April 2026. The ambitious 16-session series aims to provide a deep, interdisciplinary analysis of the forces reshaping liberal democracies, with a particular focus on the erosion of the rule of law, constitutional crises, and the weaponization of legal concepts.
The program, titled "ECPS Virtual Programme: September 4, 2025 – April 16, 2026," brings together a formidable roster of academics from law, political science, sociology, and history to dissect the challenges confronting democratic governance. The series is framed by a stark observation from its organizers: "Between 2012 and 2024, one-fifth of the world’s democracies disappeared." The central theme revolves around the manipulation of the concept of "the people," which, as the ECPS notes, "can either unify civil society or deepen social divisions by setting 'the people' against 'the others.'"
For legal professionals, the series offers a critical examination of how populist movements and illiberal regimes are systematically challenging and dismantling foundational legal principles. Several sessions are dedicated to issues at the heart of contemporary constitutional and human rights law.
A key session for legal observers will be "The ‘Nation’ or just an ‘Accidental Society’: Identity, Polarization, Rule of Law and Human Rights in 1989-2025 Poland," scheduled for September 18, 2025. This panel will delve into Poland's recent constitutional turmoil, a subject of intense scrutiny by European legal bodies.
Kamil Jonski, a legal scholar from the University of Lodz, will present on "Single Text, Clashing Meanings: Political Polarization, Constitutional Axiology and the Polish Constitutional Quagmire." This topic speaks directly to the challenges of constitutional interpretation in a hyper-polarized environment, where the foundational legal text of a nation becomes a battleground for competing political factions. The session abstract points to a chilling proclamation from a Polish parliamentarian that encapsulates the populist challenge to legal supremacy: "law shall serve us. Law that does not serve the nation is lawlessness."
This panel will also feature discussions on the sociological dimensions of the rule of law, including post-2015 backsliding and recent restoration efforts, led by Jacek Kurczewski, an advisor to the “Solidarity” movement. The implications for human rights, particularly women’s and minorities' rights, will be explored by Professor Malgorzata Fuszara, underscoring the direct link between constitutional integrity and the protection of vulnerable groups.
Another legally significant session, "Populism, Freedom of Religion and Illiberal Regimes" (October 2, 2025), will explore how the language of religious freedom is being co-opted to advance illiberal agendas. This panel will feature case studies on Hungary, Slovakia, and a particularly notable analysis of the situation in the United States.
Rev. Dr. Colin Bossen of the University of Oxford will present "Illiberal Theocracy in Texas? The Incorporation of Evangelical Christian Theology into State Law." This presentation will analyze how, after three decades of single-party governance, Texas has seen theological positions incorporated into state law, often "under the guise of religious freedom." The discussion promises a critical look at the erosion of the separation of church and state within a federal system, a topic of immense importance for American constitutional lawyers.
Similarly, Marc Loustau will examine Hungary's political instrumentalization of religious freedom, detailing how the government created a "Religious Freedom" caucus in the European Parliament while facing negative judgments from the European Court of Human Rights. These analyses highlight a global trend where legal concepts designed to protect individual liberties are being inverted to serve majoritarian and exclusionary political projects.
Throughout the series, scholars will return to the core concept of "the people." Session 4, "Performing the People," will feature a presentation by Mouli Bentman and Mike Dahan titled "We, the People: The Populist Subversion of a Universal Ideal." They argue that the populist appropriation of this foundational democratic phrase to delineate a "true people" from perceived outsiders reflects a "deeper crisis within the liberal-democratic tradition itself."
This theoretical examination has profound implications for law, as legal systems in democracies derive their legitimacy from representing the will of "the people." When this term is narrowed and weaponized, it can be used to justify attacks on judicial independence, the rights of minorities, and the very notion of equal protection under the law.
The series will also touch upon more specific legal mechanisms. In the final session, "Voices of Democracy: Art, Law, and Leadership," Professor Ciara Torres-Spelliscy of Stetson University will present on why Black American election workers are turning to defamation law to defend democracy. This highlights the innovative use of established legal tools as a defense against populist attacks on democratic processes and personnel.
The opening session on September 4, 2025, sets a global stage, comparing the rise of populist authoritarianism in India and the United States. Dinesh Sharma of Fordham University will question whether family dynasties and big business control democracy in these nations, comparing the political trajectories of leaders like Modi and Trump.
Subsequent sessions will explore topics ranging from the role of nativism in Africa and the rise of "criminal populism" to the impact of AI on governance and the potential for democratic resilience. For the global legal community, this program offers not just a diagnosis of the current challenges but a forward-looking forum to understand the evolving relationship between politics, society, and the law.
As liberal democratic norms face unprecedented pressure, the ECPS and Oxford University have curated a vital intellectual space for scholars to chart the contours of this global crisis. The findings and discussions from this series are poised to influence academic and legal discourse on the resilience of the rule of law in an age of profound political transformation.
#RuleOfLaw #ConstitutionalLaw #Populism
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