A Discussion On Modern Constitutional Democracies From Sujit Choudhry

Those with an interest in the world of politics and constitutional law could learn quite a bit from Professor Sujit Choudhry of Berkeley (sujitchoudhry.com). He not only has a wide array of knowledge when it comes to constitutional law and its development across the world, but he is also laden with experience dealing with such topics in first-hand scenarios. According to a newly published piece by the professor, constitutional democracies are in danger in a way they haven’t seen in the past, see works.bepress.com.

The core point of the discussion by Choudhry is the Russia investigation and the special counsel headed by Robert Mueller. Eric Holder, an ex-Attorney General, released a tweet a while back that claimed massive peaceful protests would have to occur if Trump did attempt to fire Mueller simply to show that the American people won’t tolerate an autocratic leader with no accountability. Choudhry says the situation should be handled no differently than if a president tried to extend term limits simply to remain in power longer.

An Investigative Analysis of a Tweet

These weaknesses in the democratic system are outlined by Choudhry as a potential source for major issues. For example, it is technically possible that a radical party might gain control of a government legally in order to install a new government that isn’t exactly compatible with democracy. One famous example of this from history is, of course, the Nazi party in Germany. Another more current example relates to the nationalist party in Poland that was elected as a majority in their legislature a few years back. That party has been working in the shadows of bureaucracy to take control of the government and alter the constitution so their party can rule permanently.

The argument that Choudhry is attempting to make is that true democracies don’t really exist, and even where it does exist in some form, it must be constantly monitored to prevent any groups from taking advantage of the system to change it on a fundamental level. In other words, those that would overthrow systems of government no longer use force, but instead they use the very tools they want to overthrow. If they succeed, the results are a government that becomes a shell of its former self and a caricature of true democracy while still claiming the moniker.

To learn more about Choudhry and work, visit http://constitutionaltransitions.org/director/#Choudhry

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