,

Steve BANNON

1) More sovranity

2) Back to the borders between States

3) No immigration

4) Destruction of radical Islam

COMMUNICATION

Frequently words:

• Nation
• our
• their
• migrants
• good culture

SOCIOLOGY

• Economic crisis
• Fear of terrorism
• Fear of immigrants

PSYCHOLOGY

1) First impression

2) Concept of one nation

3) Sentiment of fear

MATH and STATISTICS

Pr (POPi t = 1 Xi t ) = F(Xi tβ)

The People and the Popular Sovereignty

Popular Sovereignty:

the main normative justification for the populist constitutional program

PEOPLE AND SOVEREIGNITY

Populists desire to create a more direct relation between the People and the Constitutional complex of norms and values.

Majoritarianism

Expression of the will of a cohesive majority

Political power

To govern in the name of majority

Political government

MAYORITY RULE

The liberal understanding of parliamentary politics and representation is rejected

Populist goal: realizing a more intimate relation between political institutions and larger society.

Instrumental approach to the Law

Predominant approach of populists with Public Law

Tendency in populist constitutionalism

To collapse the distinction between ordinary and constitutional politics

INSTRUMENTAL APPROACH OF THE LAW

Populist constitutional attitude

Result of populism's negative evaluation of liberal constitutionalism

East Europe’s general populist characteristics

1) Will of people as the only absolute power

2) Charismatic leader

3) People as a united community

4) No need for alternation between parties

5) Attack to the enemies of the people

Constitutional Reform

2011: New “fundamental law”

2013: End of the process of emendation

Main points:

1) Only procedural review

2) No reference to constitutional and European case law

3) No “action popularis”

4) 2/3 majority for voting on legislation on media’s and information’s freedom

5) Definition of family

6) Criminalization of those who occupies public spaces

Political ideas

1) Public security

2) Against homosexual unions and euthanasia

3) Economic intervention of the state

4) Against liberalization

1980s: support of a common European defense and currency.

1990s: antagonization of pro-EU elite.

2000s: the EU as a totalitarian jail.

EUROSCEPTICISM

A constitutional program containing all the amendments that would give "greatness" back to the 1958 Constitution.

LE PEN'S CONSTITUTIONAL PROGRAM

Goals:

• leave the EU
• reform the organization of France and its institutions
• strike down French liberal democracy in order to establish an almost absolutist presidential regime.

1st round of elections: Le Pen 21.7%

Macron 23.7%

2nd round of elections: Le Pen 33.9%

Macron 66.1%

RESULTS

How populism came about in the UK, and with what strategies?

UK Independence Party (UKIP) led by Nigel Farage managed to combine Euroscepticism with populist nationalism.

He succeeded in representing the instances of the forgotten by politics, the white and elderly working class that feels oppressed by the political and foreign system in its own home, in the face of an increasingly multicultural society, the fear of an invasion of migrants, the European failure in the face of the Greek crisis and the more general crisis of the Euro and the political capacity of the European Union.

let's explain

• prorogation = the power of the Queen to prorogue the Parliament
• the Queen is 'obliged' to accept the advice. Is this advice lawful?
• is this a matter of a Court of Law? Yes. So Courts can make a decision on lawfulness
• lawful = "if Parliament is sovereign because it was democratically elected and Government is accountable to them, then a prorogation of this length that stops Parliament from working must be unlawful”

CLOSING REMARKS

The court has ruled that a Prime Minister cannot simply suspend the democratically elected Chamber of the National Parliament as and when they like. Certainly, the attacks on the independence of the Supreme Court’s latest prorogation decision matters to all Britons, as it is also an attack on everyone’s rights to political representation in a parliamentary democracy.

Populism takes hold where it successfully engages “the people” in a narrative that contests the rule of law ideal, an ideal which is premised on the notion of an independent judiciary deciding without fear or favor.

Trump's strategy

"The forgotten men and women of our country will be forgotten no longer"

RULE OF LAW

The Supremacy Clause of the Constitution Article VI, Section 2

"This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding".

Let’s consider one question relating to the rule of law raised by the Trump presidency:

Faithful execution of the laws and the Affordable Care Act

RULE OF LAW

DEMOCRACY

The term "democracy" is not mentioned by the Constitution; however, there have been numerous amendments to the Constitution to advance democracy.

For example:

DEMOCRACY

Amendments XIV – Conferring citizenship on all persons born in the United States

Amendments XV – Right to vote for former slaves;

Amendments XVII – Direct election of United States Senators;

Amendments XIX – Women’s suffrage;

Amendments XXIII – Right to vote in presidential elections for citizens of Washington, D.C.;

Amendments XXIV – Banning the poll tax;

Amendments XXVI – Right to vote for citizens over eighteen years of age.

EQUALITY and HUMAN RIGHTS

American Declaration of Independence

“We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness [...]”

EQUALITY and HUMAN RIGHTS

Due Process Clause, Amendment V

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, [...] nor be deprived of life, liberty, or property, without due process of law; [...]".

Equal Protection Clause, Amendment XIV, Section 1

"No State shall [...] deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws".

President Joe Biden wrote recently that “American democracy is rooted in the belief that every man, woman and child has equal rights to freedom and dignity”.