EJIL : Debate!

• Blokker, Paul

Abstract

The article by Heike Krieger, published in this issue, is an important contribution to the debate on populism and the law, not least because of its emphasis on a distinctive populist approach to the law. Krieger’s account lacks however in providing sufficient attention to three dimensions: popular sovereignty, constituent power and a shifting imaginary of the law. The relation of populism with popular sovereignty (and populism as a reaction to unresponsive institutions) is little discussed, and, hence, the explicit democratic claim of populists is downplayed. Constituent power is equally little touched upon, meaning that the populist understanding of the law as an obstacle but equally as a means to institutionalize a different democratic order is overlooked. The most important argument in the paper, which remains however too implicit, is that of a potentially shifting imaginary of the law. Krieger’s argument points in the right direction, but it could be developed further by stressing the essentially and historically contested nature of the progressive international system and its weak spots in terms of legitimacy and accountability.