A Disintegrating Democracy?

Professor Sujit Choudhry specializes in comparative constitutional law and politics. He is near publishing a chapter for Constitutional Democracies in Crisis. In his chapter, he brings attention to a recent tweet by Eric Holder who recently served under President Barack Obama as Attorney General. Holder’s Tweet was published on Twitter in December 2017 (works.bepress.com).

Choudhry analyses Holder’s Tweet and understands two very different concepts at work. First, the “Red line,” which Holder referred to has a symbolic meaning as a unique and undeniable boundary in the constitution and only relevant to American democracy. The second concept analyzed by Choudhry within Holder’s Tweet of December 2017 is that Holder admits that just the American People can determine whether any official forfeited reasonable use of their powers of authority and strayed from the straight and narrow limits which they promise to uphold.

Choudhry claims Holder’s Tweet is built upon “Constitutional self-enforcement.” If the constitution is made upon the expectations of governing officials and the American public to uphold them, then they imply the appropriate behaviors in which the people focus as condoning such actions that arise from their enforcement, which become constitutional rules and further refined by the spirit of the law. Choudhry is surprised at Holder’s Tweet since the legal rules when regarded as violated would not be held in the same regard by the courts.

Sujit Choudhry is regarded as an international authority on constitutional law and politics. Sujit Choudhry founded his own Center for the study of the Constitution called Constitutional Transitions. The Center, since its beginning, has brought together over 50 experts and specialist from 25 nationalities.

Sujit Choudhry holds law degrees from Harvard, Oxford, and Toronto. He has also been a Rhodes Scholar and served on the Supreme Court of Canada as a law clerk to Chief Justice A. Lamer.

Keep up with the Professor, click on Crunchbase, LinkedIn.

For more about Choudhry, visit http://sujitchoudhry.com/about/

 

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