The anti-judicial face of constitutional democracy: populist, political, and popular challenges to liberal constitutionalism

Political and popular varieties of constitutionalism can be considered the main foes of judicial constitutionalism to critique judicial supremacy and dualist democracy. Nevertheless, the rise of populism has introduced a third, anti-judicial and openly illiberal model of constitutionalism. This article addresses these three anti-judicial varieties of constitutionalism by offering a comparative analysis to outline their prerogatives and show differences and incompatibilities among them. After a profile of the three varieties, the final section will compare them to suggest that populist scepticism to liberal democracy can be compared but not conflated with political and popular criticisms to judicial supremacy.