Democracy, populism, and the rule of law: A reconsideration of their interconnectedness

Abstract

Popular sovereignty plays a central role in both the democratic and the populist ideology. While democracy’s version of qualified sovereignty is accepted as mutually constitutive with the rule of law, populism’s version of absolute sovereignty is seen as incompatible with this ideal. The article reconsiders this oversimplifying approach. By examining the interaction of these concepts with a nuanced account of the rule of law, it argues for the compatibility of both democracy and populism with different versions of this ideal. While this remains a key distinguishing factor between democracy and populism, the ambiguity of the rule of law still allows populism to claim that it complies with a thin version of this concept.