Hunter-Henin, M;
(2017)
The Legal Face of Populism: From the Classroom to the Courtroom.
(Jean Monnet Working Paper
9/17).
Jean Monnet Center for International and Regional Economic Law & Justice, NYU School of Law: New York, USA.
Preview |
Text
Hunter-Henin_JMWP-09-Myriam-Hunter-Henin.pdf NYU.pdf - Published Version Download (281kB) | Preview |
Abstract
This article examines the normative-conceptual contrast between populism and radical democracy against the specific backdrop of two case-studies – the Fundamental British Values discourse in the UK and the French burqa ban. The goals of the article are twofold. First, to enrich the understanding of populism by analysing the interactions between populism, democracy and legal reasoning. Secondly, to offer ways of resisting a populist turn in legal reasoning. I will argue that law’s response to populism should embrace the ideals of radical democracy, namely deliberation and inclusiveness. In order to enhance deliberation and ensure its inclusiveness, I will submit that law should both retreat (from the classroom) and actively riposte against populism (in the courtroom).
| Type: | Working / discussion paper |
|---|---|
| Title: | The Legal Face of Populism: From the Classroom to the Courtroom |
| Open access status: | An open access version is available from UCL Discovery |
| Publisher version: | https://jeanmonnetprogram.org/paper/the-legal-face... |
| Language: | English |
| Additional information: | This is the published version of record. For information on re-use, please refer to the publisher’s terms and conditions. |
| Keywords: | Populism, radical democracy, Fundamental British Values, burqa ban, deliberative democracy |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10046846 |
Archive Staff Only
 |
View Item |
