Professor Sujit Choudhry is a renowned scholar for his vast knowledge of constitutional law and politics. In his recent publication “A Disintegrating Democracy,” Sujit Choudhry refers to Eric Holder’s tweet who was an Attorney General during President Obama’s tenure (works.bepress.com). In his tweet, Holder refers to any potential termination of Robert Mueller, White House Special Counsel, and an “absolute red line.” He further suggests that in case anything happens peaceful demonstrations would take place citing that the American people ultimately determine.
In Choudhry’s opinion, Holder’s tweet is based on two concepts; the first is “red line” which is symbolic and Holder lets the American people have the authority to decide officials that have abused office and exceeded the said boundary. According to Choudhry, tweet from Eric Holder is based on the aspect of constitutional self-enforcement. Mr. Sujit gives out an opinion on the presidential term limit as another example of a focal point that come from constitutional self-enforcement. he believes that if a dictator would like to break the focal point by trying to stay longer in office, dissolving the legislature, suspending elections or declaring a state of emergency would be some of the means.
Sujit Choudhry writes that Holder’s ‘red lines’ are an example of failed democracy (medium.com). Disregarding term limits is an example of a general category referred to as self-coup an attempt by elected executives to lengthen their power once in office which invokes a democratic mandate from the citizens. Another one is unconstitutional grabbing of power for example through a coup d’etat and lastly electoral fraud.
In Choudhry’s view, the threat on democracy has developed since the Cold War. He describes the dangers that constitutional democracy has faced in Poland through PiS. In his opinion focus had first been on Poland’s Constitutional Court and other courts. He elaborates how new rules that govern constitution panels, voting, assigning judges cases and the Interim President creation were ways that directed the Polish government in their desired direction.
Sujit also refers to President Trump’s travel ban as an unconstitutional motive. He suggests that courts must call out dictatorship if, by all means, the people are supreme.
Read more about Choudhry on http://constitutionaltransitions.org/director/#Choudhry
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