Fratelli d’Italia, Populism, and the Law

The paper sets out to analyse a number of core dimensions of legal and constitutional change initiated by the Meloni-government, focussing in particular on the role and positions of Fratelli d’Italia (FdI). The dimensions discussed are: first, constitutional reform and the concentration of political power; second, the restriction of civic space; third, the rule of law and judicial independence, and fourth, gender, and sexual and reproductive rights. The discussion will show that the various legal dimensions of populism-in-government need to be studied in a comprehensive fashion to understand the broader potential impact of such legal actions and to identify a legal-political strategy. It cannot be claimed that the Meloni-government is strictly following the playbook of such populist governments as that of Viktor Orbán, where one could say the Hungarian democratic regime has been turned into a populist, illiberal one. Nevertheless, taking the various legal dimensions together, as manifestations of ‘legal’ and ‘populist constitutionalism’, it is possible to identify an affinity in the Meloni-government’s actions with exactly such a right-wing populist, conservative playbook.