Populist arguments draw on the Romantic distinction between the alienating powers of society and the authentic community entrenched in the people's collective will. This call for authenticity is common to all populists irrespective of their ideological differences. The sociological distinction between society and community thus gets its globalised populist form in the systems of both law and politics. Sociologists, such as Zygmunt Bauman, speak of populism as a communitarian response to the global nomadism which leads to the constitution of 'explosive communities' and tribalism filling the void of meaning created by globalisation. This paper addresses the legal and political constitution of explosive communities within and beyond the nation state.