Nemo placet omnisbus. Constitutional Courts in Times of Populism

Nowadays, the dominating function of constitutional courts refers to the interpretation of rights. Constitutional courts consider – in order to guarantee rights – political and cultural developments of societies while interpreting rights. During times of populism, dynamic rights-based constitutional interpretation comes under great pressure domestically as well as transnationally. While courts might attempt to change their interpretation in a more self-restraint way towards formalist interpretations, populist approaches to undermine constitutional courts will not be stopped by that. The rights-protective function of constitutional courts is even more crucial when fundamental values of constitutionalism are at stake. Even if public distrust is rising in constitutional courts in a populistic atmosphere, it is the task of the constitutional courts to uphold the protection of the rights of minorities.