Concerning is however that populists like Trump identify his own agenda with the will of THE people and therefore as legitimate and legal. The former is demonstrably untrue in Trump’s case: yes he was elected rightfully and according to the constitution, but he did not command the majority of the votes, let alone the majority of the whole electorate. And furthermore, being elected does not mean that there is always a majority for each and every measure that is subsequently taken. So, yes, he is elected and possesses a democratic mandate, but that does not found a claim that therefore everything he does is democratically correct.

Secondly, one may ask the question whether a majority may do anything it likes. And the answer to this question is obviously no. In democracies even majorities are bound and restrained by rules of law, human rights, general principles, respect for the minority, decency and integrity. That is part of a democracy as well and that is inherent to the rule of law, no matter what or who the majority is.

A dangerous aspect of quite a few populists is that they turn the majority into something absolute, and that they turn themselves as voices of the majority into absolute rulers and rules. But: absolute power also corrupts in the hands of populists, and even when it is based upon the majority.

Democracy ends where and when absolutism begins, and it is not really relevant what is the foundation of it, even when it is the majority of the people and its perceived wishes. That is the danger of elected people such as Trump. That is the risk that is facing other states with the rise to power of movements such as the Front National, AfD and PVV and their leaders. Power must be limited, even when it concerns populists. But the problem is they do not want to see their power limited, simply claiming that they execute the will of the people. Will of the people? No way: it is their own power and will. In the vein of Erdogan Trump picks on the free press, and insults opponents and prohibits opinions (such as about climate change) that are not his own, and appoints family members and creates his own alternative facts. How long do we have to wait before a new J. Mc Carthy will appear to even further stop criticism. America First? Forget it: Trump First. Erdogan builds a presidency after the American model but without the US checks and balances; but how long will they last under the elected dictatorship of Trump? Will we have Gambian transition issues in the US in four years time? Obama was gracious in the transition process, but Trump will probably stubbornly deny that he may have lost and will again accuse the press and the electorate and the people counting the votes of massive fraud. Where else do we see such a phenomenon?

Well, we must have confidence in the institutions of the US and sound collective opinion. What else? In the US one has such procedures as impeachment when a president violates criminal law or for reasons of bribery (corruption), and as the 25^th Amendment (enabling Congress with a 2/3 majority to discharge a president of his powers), or as criminal and civil law suits. Something to hold on to when things really go out of hand.

 Published on Law Blogs Maastricht