The “instrument of future mischief”: Constitutionalism, Democracy, the People? A foretaste of the Democratic Renewal Conference

Reanimating moribund democracies with the tools of direct democracy and injections of citizen participation is not without its risks. The flip-side to lauding deliberative and direct democracy is decrying the abuses and dangers of populism. Chief among the risks is a real divergence between the will of the majority and the established constitutional ideology. Assume an orderly national referendum produces a democratic majority in favour of legislation having “illiberal” effects. A free and democratic society has directly expressed its will through a free and open vote. Could such referendum backing immunise legislation from constitutional review? Continue reading “The “instrument of future mischief”: Constitutionalism, Democracy, the People? A foretaste of the Democratic Renewal Conference”