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How to Save a Constitutional Democracy
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified?
How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
- GenresPoliticsNonfictionLaw
320 pages, Hardcover
Published October 5, 2018
34 people are currently reading
244 people want to read
About the author
Tom Ginsburg
33 books25 followersTom Ginsburg is Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar and Professor of Political Science at The University of Chicago Law School.
Tom Ginsburg focuses on comparative and international law from an interdisciplinary perspective. He holds BA, JD, and PhD degrees from the University of California at Berkeley. One of his books, Judicial Review in New Democracies (Cambridge University Press 2003) won the C. Herman Pritchett Award from the American Political Science Association for best book on law and courts. He has served as a visiting professor at the University of Tokyo, Kyushu University, Seoul National University, the Interdisciplinary Center Herzliya, the University of Pennsylvania, and the University of Trento. He currently co-directs the Comparative Constitutions Project, an effort funded by the National Science Foundation to gather and analyze the constitutions of all independent nation-states since 1789. Before entering law teaching, he served as a legal adviser at the Iran-U.S. Claims Tribunal, The Hague, Netherlands, and consulted with numerous international development agencies and foreign governments on legal and constitutional reform.
Tom Ginsburg focuses on comparative and international law from an interdisciplinary perspective. He holds BA, JD, and PhD degrees from the University of California at Berkeley. One of his books, Judicial Review in New Democracies (Cambridge University Press 2003) won the C. Herman Pritchett Award from the American Political Science Association for best book on law and courts. He has served as a visiting professor at the University of Tokyo, Kyushu University, Seoul National University, the Interdisciplinary Center Herzliya, the University of Pennsylvania, and the University of Trento. He currently co-directs the Comparative Constitutions Project, an effort funded by the National Science Foundation to gather and analyze the constitutions of all independent nation-states since 1789. Before entering law teaching, he served as a legal adviser at the Iran-U.S. Claims Tribunal, The Hague, Netherlands, and consulted with numerous international development agencies and foreign governments on legal and constitutional reform.
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Displaying 1 - 5 of 5 reviews
July 14, 2019
Has some interesting parts but I wouldn't recommend. There must be another, more empirical study of good constitutional design out there.
This work is more of a meandering, Americo-centric thought piece rather than a serious work. Though it does include in the earlier chapters a few interesting summaries of recent democratic erosions, though limited to a very small, already well-publicised selection. These summaries are in no way representative of democratic erosion worldwide and the authors don't investigate what caused these democratic erosions, they just note a few similarities between them.
In fact, the whole book could be reduced to chapter 6, the title is 'How to Save a Constitutional Democracy' after all, but like too many books, they spend most of the book either on intro or on tangents, never really getting to the crux of the issue. And even then, when they do deal with the actual issue, it's actual only with certain recommendations to improve democratic functioning in America, based on no research, with some personal reflections thrown in along the way. They don't even go through how these ideas might work in practice, or even if they would work.
It also gives some suggestions for good constitutional practice, which is not without value, but without research backing, you're better of going somewhere else. But it never goes over how to stop or prevent these erosions, which according to the title at least, was the entire point of the book.
It's also worth noting that they never mention that one of the original checks that the framers of the US constitution envisioned were the states, but over time the states and even Congress have lost a lot of their power, leaving an over-powered executive vulnerable to capture. The book never suggests correcting this imbalance, instead encouraging further centralisation in the executive branch. A 'Control Branch' and enforcement of democracy and human rights on the states is important, but it would also be a good idea to reduce some of the undue power held by the federal government and presidency.
This work is more of a meandering, Americo-centric thought piece rather than a serious work. Though it does include in the earlier chapters a few interesting summaries of recent democratic erosions, though limited to a very small, already well-publicised selection. These summaries are in no way representative of democratic erosion worldwide and the authors don't investigate what caused these democratic erosions, they just note a few similarities between them.
In fact, the whole book could be reduced to chapter 6, the title is 'How to Save a Constitutional Democracy' after all, but like too many books, they spend most of the book either on intro or on tangents, never really getting to the crux of the issue. And even then, when they do deal with the actual issue, it's actual only with certain recommendations to improve democratic functioning in America, based on no research, with some personal reflections thrown in along the way. They don't even go through how these ideas might work in practice, or even if they would work.
It also gives some suggestions for good constitutional practice, which is not without value, but without research backing, you're better of going somewhere else. But it never goes over how to stop or prevent these erosions, which according to the title at least, was the entire point of the book.
It's also worth noting that they never mention that one of the original checks that the framers of the US constitution envisioned were the states, but over time the states and even Congress have lost a lot of their power, leaving an over-powered executive vulnerable to capture. The book never suggests correcting this imbalance, instead encouraging further centralisation in the executive branch. A 'Control Branch' and enforcement of democracy and human rights on the states is important, but it would also be a good idea to reduce some of the undue power held by the federal government and presidency.
June 15, 2022
Very academic, and very focused on elite action. But worth a read if you're interested in comparative constitutionalism.
October 31, 2023
This books describe really good about the erosion of democracy, the erorsion happen all over the world. This book give solution how make democracy thriving.
September 9, 2024
An excellent primer on the topic.
July 9, 2025
A must-read.
Displaying 1 - 5 of 5 reviews