To Disintegrate Democracy Or Not, That Is The Question

Professor Sujit Choudhry is a world-renowned scholar in comparative constitutional law and politics. He has published some four books and over 90 articles, book chapters, working papers, and reports (works.bepress.com). Choudhry also has spoken in dozens of countries around the world and has contributed to the reconstruction of several state constitutions in countries like Egypt, Jordan, and Libya to name a few.

He earned law degrees from the University of Oxford, University of Toronto, and Harvard Law School. Sujit Choudhry is I. Michael Heyman Professor at Berkeley-School of Law and among his achievements, was previously the Cecelia Goetz Professor of Law at New York University. He also currently a director at the Center for Constitutional Transitions. Sujit Choudhry offers years of vast experience overall.

As of recent, he has published a chapter from a book he plans to release called Constitutional Democracies in Crisis? The main topic concerning a tweet posted by Eric Holder, Attorney General under former President Barack Obama, where Choudhry calls out his use of the term “red line.” In addition to Holder’s notion of leaving decisions like this up to the American democracy as a “constitutional self-enforcement, built around the concept of a focal point”.

Should Meulller’s termination be left to the people?

Holder’s argument doesn’t provide any legal reason as to why this should be the case. Constitutions, in essence, are meant to serve this purpose by defining behaviors of public authorities. In any case, there are also no guidelines in place for courts to turn decisions like this over to the people. In comparison, this would be akin to an autocrat who wanted to stay in office longer than two terms. Constitutionally, there are no grounds for this, and therefore, to turn a decision like this over to the people would completely break the democratic institution.

Choudhry goes on to write that this would mean the democracy has failed and would result in a collapse of the republic. By ignoring the constitutional rule, it would be akin to a self-coup or even a coup d’etat because there isn’t any electoral legitimacy.

Keep up with Choudhry’s tweet, follow him at https://twitter.com/sujit_choudhry