포퓰리즘과 헌법 – 민주주의 원리와의 관계를 중심으로 -

Populism aims at rule by the common will of the people, such as Rousseau's general will(volontegenerale), not the sum of the will of the majority. The people's self-domination premised by populism is based on identity democracy (identitäre Demokratie) that emphasizes the identity of the ruler and the governed. According to this democracy of identity, since the entire people agree on the governing rule based on the general will, political criticism or dissent itself is not recognized. The self-dominance of the people, which is emphasized in the democracy of identity developed by Carl Schmitt in Germany based on Rousseau's political thought, is nothing more than an ideal political goal, and political reality is not a way to justify .dictatorship like fascism. Nevertheless, it can be abused as a democratic theory to justify dictatorship. When populists gain a majority in parliament, they try to form a ruling government and appear to practice democracy. However, the only political goal they pursue is to realize their political initiative to perpetuate their political dominance as true representatives of the people. In this regard, attempts are made to weaken the independence of the judiciary and the authority of the courts in order to weaken the principle of separation of powers, which is the principle of power control. Examples of this can be found in populist governments in Hungary, Poland and Turkey, and Venezuela in South America. Populists undermine the very procedural element of communication in a deliberative democracy. Populists do not attach importance to the dynamics of the communication process and the process of forming preferences for the formation of social consensus through public discussion in the process of political opinion formation, but only to establish the direct transmission process conveying their political intentions and will and body of their political messages in a static and direct way. For them, only the establishment of an effective political communication system is of great importance. Populists use a collective and spatial concept of a nation with a homogenous character to cultivate a people who will realize their preferred political ends. Therefore, their political decision-making process is carried out with the purpose of confirming and strengthening the political goals they have already planned and set. Therefore, they use algorithms to magnify and reproduce specific anxieties, fears, and hopes, rally Internet users to respond to them, and disseminate information about them in large numbers. In this way, the most important purpose of distorting and destroying the formation of political public opinion by populists is to privatize the process of forming political public opinion in a way that they can dominate in order to form a political ruling system that can realize their own political will. The privatization of the public opinion-forming process by them can be seen as the end of democracy and the process of establishing a dictatorial ruling system. In this way, populists distort the very purpose of politics. Purpose of politics of populists is not to secure procedural legitimacy, but only to pursue the legitimacy of the political results they pursue. Populism prefers a variety of non-institutional forms of communication to political communication through political parties or other public institutional institutions that the Constitution prescribes. They prefer an active, citizen-led political proposal based on grassroots democracy rather than a process of political formation through political parties. They attempt to introduce this grassroots democratic citizen- led political decision-making as a central political decision-making structure beyond supplementing the unrealistic nature of the existing party system representative democracy. This means creating a political structure in which the political leader bears political responsibility directly to the citizens. The countermeasure against the destruction of democracy by populism, which is a prerequisite for strengthening Hegel's dialectical constitutional democracy, is to strengthen the guarantee of political basic rights, to realize the separation of powers and the rule of law.