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  • 5 - The Legal Architecture of Populism

  • Edited by Gerald L. Neuman, Harvard Law School, Massachusetts
  • Book:
    Human Rights in a Time of Populism
    Published online:
    22 April 2020
    Print publication:
    09 April 2020, pp 81-99

  • Summary

    This chapter examines populism in Latin America as a method of exercising power, rather than a specific set of substantive provisions. It explores the commonalities between left-populism and right-populism as illustrated by two ideologically opposing figures, Hugo Chávez in Venezuela and Álvaro Uribe in Colombia. Despite their contrasting social and economic policies, there were more similarities than differences in the legal architecture they deployed. In both cases, the preferred tools included the resort to referenda to circumvent and control the legislature, delegitimation of the opposition, and activation of mechanisms allowing the executive to legislate by decree. Their methods illustrate how populist leaders use tools to produce arguments of legitimacy for their selection of winners and losers in society.