Problems With Constitutional Democracies As Explained By Professor Sujit Choudhry

You might be wondering what sort of problems could exist for constitutional democracies since the phrase is so uncommon that you might not have ever heard it, but you can probably guess what it means by context. A constitutional democracy is a society that operates under democratic rule and with a series of agreed upon laws. Nearly all civilized nations employ some form of constitutional democracy, although there are some notable exceptions. Professor Sujit Choudhry from Berkeley is one of the world’s leading expert on the subject of constitutional democracy and politics in general, and his experience is related directly to first-hand work (

In the most recent piece of content published by Sujit Choudhry, he outlines an argument that shows where the cracks are forming within constitutional democracies, and the fault that allows these cracks is also the greatest strength of the societal system. The freedom to elect anyone under any banner can potentially lead to extremist groups gaining ‘legal’ control of the government and then changing the rules of the constitution to allow them to remain in control permanently. Such a scenario recently played out in Poland, and that nation is still under the control of the right-wing nationalist group that took power in 2015.

There is a growing concern amongst scholars that the United States could be on a path that is similar to Poland’s. The United States recently underwent a major policy and party switch after eight years under a Democrat president. With the arrival of Donald Trump and a government with all branches controlled by the Republicans, the scene is set for the conservatives to make a power play that could change society in the United States forever.

While there are always groups that will try to take advantage of society to gain control over it, the problem with constitutional democracy is that it is easily possible to legally vote in the groups so they don’t have to take control at all. In these scenarios, those extremist groups are using democracy itself as a means to end democracy. This sort of outcome, according to Choudhry, must be guarded against vigilantly. Check for more of his views.

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