Authors:

  • Luis Roberto Barroso

Abstract

 

Supreme Court, BrazilDemocratic constitutionalism was the victorious ideology of the 20th century, having defeated the alternatives that appeared over the decades: communism, fascism, Nazism, military regimes, and religious fundamentalism. However, in these first decades of the 21st century, something seems to not be going very well. Some describe it as a democratic recession. This paper identifies three phenomena that underlie this historical process: populism, extremism, and authoritarianism, as well as their political, economic-social, and cultural-identity causes. Then, after an analysis of the world context, this article focuses on the Brazilian experience in recent years, narrating the threats to constitutional legality and the institutional reaction. The final part discusses the limits and possibilities of constitutional courts in the exercise of their role of defending constitutionalism and democracy.

Citations

Luís Roberto Barroso. 7/14/2022. “Populism, Authoritarianism, and Institutional Resistance: Constitutional Courts in the Game of Power”. Cambridge, MA: Harvard Kennedy School.