Sujit Choudhry is a professor of constitutional law and politics at Berkeley, and he is one of the field’s foremost experts on those topics (sujitchoudhry.com). His expertise was built out in the real world through various positions he held in the political spectrum, and that gave him a unique perspective when it comes to the development and evolution of constitutional law. To share his findings, he has published a series of articles and the newest article published by Choudhry speaks about the dangers that constitutional democracies face in the modern world (medium.com).
In his newest publication, Choudhry discusses the idea that democracies face constitutional crises when the leadership decides to act against the law of the current constitution in favor of their own autocracy. For example, if a sitting president tried to alter the constitution to remove term limits, it would be rightfully construed as an attempt to maintain power for as long as possible. In this publication, Choudhry discusses the potential firing of Robert Mueller as the red line that would signal a constitutional catastrophe.
The idea behind this concept suggests that the democratic process is potentially subject to misuse to a high degree. For example, the Nazi party didn’t have to take over Germany with force because they were voted in. They took it over from the inside using democracy, amongst other things. In 2015, the Polish legislature was handed over to a nationalist radical group that has since gutted their constitution and replaced it with a much different version that speaks to far right-wing values.
To learn more about his published works, visit https://works.bepress.com/sujit_choudhry/
Choudhry points out that the world has evolved past the point that a government could be taken over completely by force without a world war ensuing, so those who want to be in power have had to find new names for their systems that sound as if they are democratic. The danger is that some existing constitutional democracies might succumb to the effects of democratic backsliding through what might be considered ‘legal’ methods. There is great fear that the United States could see such an alteration if Trump were to cross the red line of firing Mueller.
Connect with Sujit, visit LinkedIn.