Dysfunctionalities of the Liberal Institutional Model: Juristocracy and Backlash

Contemporary constitutionalism promotes the expansion and opening of the constitutional text, expanding the discretion of the Judiciary, making the classic separation of powers, the essence of liberal constitutionalism, insufficient. Juristocracy and backlash, which are associated with the crisis of liberal constitutionalism, are indicatives of the insufficiency of the liberal institutional model adopted by contemporary constitutionalism. This article uses the deductive method and the indirect documentary research technique, notably the bibliographic, and jurisprudential. We conclude that juristocracy and backlash are expressions of the fragility of the liberal institutional arrangement, bringing into discussion the traditional liberal tension between countermajoritarism and majoritarianism (between constitutionalism and democracy) and the need for new institutional arrangements.