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8 Eur. J. Comp. L. & Governance 1 (2021)

handle is hein.journals/eujclg8 and id is 1 raw text is: EUROPEAN JOURNAL OF COMPARATIVE LAW AND BRILL GOVERNANCE 8 (2021) 1-25 EJCL N IJ H O F F brill.com/ejcl Populism, Constitutional Counter-Narratives and Comparative Law Giuseppe Martinico Full Professor of Comparative Public Law, Scuola Superiore di Studi Universitari e di Perfezionamento Sant'Anna, Pisa, Italy martinico@sssup.it Abstract This article tries to explore the relationship between constitutionalism and populism in conceptual terms. This piece is divided into two parts. In the first part it will be argued that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. In the second part I shall look at comparative law in order to explore its incredible anti-populist potential. More in general, as I shall try to explain, the very idea of populist constitutionalism is not consistent with the legacy of post-wwiI constitutionalism. Keywords populism - constitutionalism - post-wwII constitutions - mimesis - parasitism I Goals of the Article This article explores the relationship between constitutionalism and pop- ulism in conceptual terms. This piece is divided into two parts. In the first part it will be argued that the relationship between populism and constitutional- ism should not be seen in terms of mutual exclusion and perfect opposition.1 Indeed, it is possible to say that populism frequently relies on concepts and cat- egories belonging to the language of constitutionalism (majority, democracy, 1 J.W. Muller, What is populism? (Philadelphia: University of Pennsylvanian Press, 2016). © KONINKLIJKE BRILL NV, LEIDEN, 2021 1 DOI:10.1163/22134514-BJA10012

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