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The Nature of Failed Democracy According to Sujit Choudhry

As an internationally recognized scholar, Sujit Choudhry has extensive knowledge of issues in the fields of politics and corresponding constitutional law. In his latest book that is yet to be released “Constitutional Democracies in Crises”, he takes a swipe at a tweet by former US attorney general during Obama ’s tenure, Eric Holder (works.bepress.com). Eric Holder had termed the removal of Robert Mueller as the White House Special Counsel an ‘absolute red line’, and such a case should be met with mass, popular and peaceful demonstrations.

Sujit Choudhry views Holder’s tweet as an uncontroversial constitutional boundary for the American democracy. He says Holder wants to give an impression that the people of American should be left to decide whether officials have and went against the said boundary. Interestingly, Sujit says that Holder insinuates that the American people’s responses determine whether an issue will be reversed upheld to resolve a problem if the red line is crossed.

According to Sujit, Holder’s views are raised on the idea of constitutional self-enforcement based on the notion of the focal point. Sujit advises that constitutions should be used as the focal points that govern expected behavior of citizens and officials and a violation of these rules should not be termed as such. Sujit Choudhry gives the presidential term limits as another focal point example. He notes that an autocrat can decide to break it by dissolving the legislature, declaring a state of emergency, or halting elections.

Professor Sujit Choudhry says this red lines as implied by Holder can be viewed as democratic failures. He focuses on the weakened constitutional democracy giving an example of Poland’s PiS that is doing everything to squash the constitution in ensuring it wins future elections remaining in power. They systematically and over time overtook legitimacy of the Poland Constitutional Court and other ordinary courts away from the reasonable scope of the constitution.

He quotes constitutional backsliding where a democratically elected leader uses institutions to manipulate rule to ensure his stay in power, check iconnectblog.com.  Sujit Choudhry puts Poland, South Africa, the US and Germany current political situations as being on the same continuum with democracy and absolute dictatorship on the ends.

Learn more about the Professor and his works at http://constitutionaltransitions.org/director/#Choudhry

Keep up with his latest tweets, follow him on Twitter.

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