Comparative legal literature increasingly stresses the fundamental importance of informal norms that underpin democratic and constitutional governance. A particular species of these informal norms is the constitutional convention. Although there is wide recognition of the fact that populism constitutes a key issue of constitutional resilience in our time, the issue of constitutional resilience with regard to the relationship between populist political style and constitutional conventions has been largely overlooked. This article maps the extent to which populism threatens constitutional resilience in democratic systems which rely substantively on constitutional conventions. Bringing together political science and legal theory, we engage in a conceptual analysis of conventions and of populism as a political style. In doing so we seek to explain the perceived tension between the two phenomena. We argue that populism should be conceived as a transgressive political style, which is fundamentally hostile to the notion of unwritten constitutional law or practice. In view of the crucial connection between constitutional conventions and the resilience of the constitutional system, and the vulnerability of conventions as norms of self-restraint (lacking independent enforcement mechanisms), we conclude that the populist political style indeed constitutes a problem of constitutional resilience.
