Presidential reelection and unconstitutional mutations in El Salvador: A case of constitutional authoritarian-populism

Between May 1-2, 2021, the new National Assembly, under El Salvador’s president, removed the justice of the Constitutional Chamber of the Supreme Court without proper procedure, citing the need to shield the public from COVID-19 pandemic rulings. The Assembly also appointed new judges without accountability. This mass removal can be seen as an authoritarian move driven by populist rhetoric. Soon after, on September 3, 2021, the new Chamber issued a ruling (case number 1-2021) that offered a new interpretation of the constitutional rules on presidential reelection. This ruling exemplifies “unconstitutional constitutional mutations” carried out through abusive con­stitutionalism. Instead of interpreting the Constitution, the ruling effectively changed it to permit presidential reelection, resulting in an unconstitutional mutation that modified core constitutional provisions. Similar to Bolivia, Ecuador, and Venezuela, El Salvador’s Constitutional Chamber replaced constitutional supremacy with the sovereignty of the people, or vox populi, advancing constitutional authoritarian populism.