Backlash against the procedural consensus

Abstract

While the politics of backlash is typically described as a reaction to policy decisions in favour of minority rights, immigration or globalisation, this essay focuses on the fact that backlash typically also involves a reaction against the procedural consensus liberal democracy is based upon. This challenge to democratic procedures and institutions may be even more dangerous in its effects than the substantial objectives of backlash. I use the composite definition of backlash suggested by Alter and Zürn to assess in how far the attacks on the institutions of liberal democracy have retrograde objectives in themselves or in how far they are merely instrumental to the pursuit of other retrograde objectives. The conclusion reflects on possible outcomes of backlash politics for democratic institutions and argues that in the best case, the present contestation of rules, norms and institutions could also lead to a democratic renewal of the procedural consensus.

Conceptualising backlash politics: Introduction to a special issue on backlash politics in comparison

“…judicial independence, a free press, a legal presumption of innocence before proven guilty), the movement becomes inherently more extraordinary in its nature and objectives, and backlash politics becomes more disruptive and unpredictable. In this special issue, Claudia Landwehr (2020) considers the current demands for institutional reshaping, arguing that these demands did not arise from dissatisfaction with democractic principles, yet, they fundamentally disrupt dominant scripts about how democratic consensus is built.…”

“…For example, demographic changes can undermine the influence of certain groups over political outcomes, a possibility that Gest (2020) explores in this special issue. Or, even when there is no triggering change, an institution that in the past was seen as effective and fair may no longer be considered legitimate, an idea that Landwehr (2020) explores in this special issue. The differing impact of these different types of change are being debated by scholars studying the rise of right-wing populism, a movement that fits our criteria of backlash politics.…”

“…Engaging ideas from political theory, Claudia Landwehr’s (2020) article ‘Backlash Against the Procedural Consensus’ examines how current right-wing populist backlash movements are retrograde in a more fundamental and even regressive way. By challenging the procedural principles of liberal democracy, these movements undermine democratic society’s capacity to build political consensus.…”

Theorising backlash politics: Conclusion to a special issue on backlash politics in comparison

“…While acknowledging the analytical advantages of this choice, Nicole Deitelhoff’s (2020) contribution notes that our definition fails to name and identify what might be larger normative stakes. Claudia Landwehr (2020) agrees insofar as she points out that backlash politics can undermine our basic social contract, which is the procedural consensus that societies create so that diverse peoples can live in peace together.…”

“…Justin Gest (2020) argues that whether demographic change generates backlash politics depends on whether identity binaries are designed to push towards coexistence or inflammation. Claudia Landwehr (2020) demonstrates that the ‘procedural consensus’ is a target of European backlash movements, even though there is no particular change that explains why the mode of building a procedural consensus is newly problematic. Similarly, the two studies of international courts show that long-standing practices rather than specific decisions or changes are the subject of backlash criticism (Deitelhoff, 2020; Madsen, 2020).…”