10: Populism and Its Impact on the Rule of Law

Around the world, there have been recent demands to reduce the quantity of law and regulation in order to enhance freedoms, and promote economic progress.¹ At the same time, there are frequent requests from the media and the public for more laws to redress a particular perceived high-profile wrong, often where there is no need for such law, or where there may be unintended consequences once the law is introduced.

How governments actually respond, and how they might better respond, to populist demands for any new law is the subject of this chapter. In democracies, it is understandable that those seeking votes will respond to a public clamour for a new law. Even autocrats and dictators commonly seek validation by elections; the fact that the public know and understand that the ballots have been rigged seems to do little to devalue any dishonest due process.² There is little merit is discussing the activities of autocracies; more useful is to explore why democracies continue to develop excessive legislation, and how they might in future respond to public demands for new law where none is actually needed to remedy a mischief.