Legislative Process Theory in the Age of Populism and Nationalism

Since the end of the 20th century, there has been a revival of legisprudence – legal scholarship dedicated to studying the theory and practice of legislation. Within this emerging body of scholarship there have been important contributions to the theory of the legislative process. My argument is that recent developments, including the rise of populism, as well as the rise of national and illiberal tendencies, pose significant challenges to the normative and descriptive theories of the legislative process developed within legisprudence. To develop this argument, I will highlight some of the main common features of theories of the legislative process in legisprudence, and explain how they are challenged by these developments. I will therefore end with the question of how legislative process theory might be adjusted, refined, adapted or updated to fit current challenges.