Post-Yugoslavia, Continuous Populism and Constitutionalism

Both constitutionalism and populism share the concept of “the people” as their central category of reference. Even if their inherent ideas and values are contradictory, questions can be raised whether is it possible for them to function simultaneously in some political systems, namely those belonging to countries in “third wave” of democratic transformation? By focusing on former Yugoslavia countries and context of “post-Yugoslavia” as a region understood in terms of its post-socialist transformations, paper approaches its recent political history in terms of continuous populism, arguing that it played and still plays integral role in shaping democratic and liberal economy transition. While national and intra- regional politics of post-Yugoslavia revolves around issues of nation, identity and history, giving rise to populism (political parties, practices and discourses), question remains what role does constitutionalism plays in it and how does it relate to populism? On a more general level, paper treats both populism and constitutionalism in their functional relation of economic transformation, pawing way for neoliberal economic policies. This results in populist democracies and “ethnocracies” as manifestations of continuous populism. Since both populism and constitutionalism have important relation to institutions, this will be analyzed through public trust in institutions measurement in post-Yugoslavia, relying on existing data. On a more specific level, paper examines interrelation of populism and constitutionalism in terms of national identity and treatment of minorities in legal and political aspects. In this regard, paper focuses on constitutional court decisions on minority rights and its enforcement in comparative perspective between Croatia and Bosnia and Herzegovina.