Sujit Choudhry: The Lone Hope For Constitutional Law

Sujit Choudhry is an internationally celebrated professor and researcher whose scope of work covers a broad band of constitutional law and politics. He has been consulted by public figures making constitutions in their own countries (

Choudhry has almost unmatched knowledge in politics and comparative law, which he commonly addresses. Drawing his argument from a tweet by former USA attorney general Eric Holder, Choudhry explores how constitutional democracy is on the verge of extermination. He is shocked by how the former attorney suggests peaceful mass action against any interference with White House Special Counsel. Choudhry wonders why the former attorney general doesn’t propose a constitutional encounter against the violation. An undoubtedly good indicator of the imminent perish of constitutional law.

A Dissection and Analysis of a Tweet

Constitutional democracy is also threatened by autocrats who try to extend their stay as rulers. Presidential autocracy in cases where rulers undertake a series of clear initiatives with an aim of benefitting few threatens constitutional democracy. Governments in power have undertaken moves to ensure they remove hindrances to smooth ruling and power in future election runs. Taking up power through coups by despots intimidates constitutional democracy. Such actions trigger hues and cries from the public. The only way to be heard is through mass action rather than the use of constitutional rights to fight such crimes.

Sujit Choudhry cites democratic regress and despotic backslides as the other threats to constitutional democracy. As per Sujit Choudhry, the swaying of rules by legitimately elected governments to remain in power threaten constitutional democracy as in South Africa, Poland and Germany.

Sujit Choudhry explores how the ruling party in Poland has manipulated the countries’ constitutional and ordinary courts to create smooth governance. In a series of distinctive maneuvers which seemed right, the government achieved an entire overhaul that undermined constitutional democracy.

Sujit proposes that autocracy be called autocracy in a court of law for that increases the chance of constitutional law being upheld. It is clear that if hidden moves by governments that undermine the constitution, if not controlled, will eventually bring constitutional law down. It would be prudent to scrutinize every hidden move and clearly establish what it is geared at if constitutional law is to be survive.

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