Eleanor Finch
A constitutional crisis occurs when the fundamental principles of governance, primarily the constitution, are threatened, undermined, or unable to resolve political conflicts. Such crises can lead to administrative paralysis, government collapse, loss of political legitimacy, democratic backsliding, or even civil war. Examples include the US Civil War in 1861, the Egyptian Revolution, and the 2012 Malawian crisis. The consequences of a constitutional crisis can range from minor to major, requiring a new constitution, with varying degrees of impact on a country's political stability and governance.
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What You'll Learn
A government passes a law against its constitution
A constitutional crisis can occur when a government passes a law that goes against its constitution. This can happen when a government chooses to violate a law of the constitution, or when there is a dispute over the interpretation of a constitutional law.
For example, in the Coloured Vote Constitutional Crisis (1951-1955), the National Party government of South Africa disputed a Supreme Court decision that overturned its Separate Representation of Voters Act, which sought to disenfranchise Coloured voters in the Cape Province. Similarly, in the Tuvaluan constitutional crisis of 2013, Prime Minister Willy Telavi sought to continue governing after losing his parliamentary majority, refusing to allow Parliament to sit and tabling a motion of no confidence.
The consequences of such actions can be severe and far-reaching. A government that passes laws contrary to its constitution can threaten the very structure and functioning of democratic institutions. For instance, in the case of the Trump administration, many legal scholars and experts warned that the executive was expanding its power beyond what is outlined in the US Constitution, threatening the separation of powers between the executive, legislative, and judicial branches. This included the firing of inspectors general and agency heads, as well as the dismantling of agencies created by Congress, such as USAID.
A constitutional crisis can also occur when a government fails to uphold the rights and freedoms guaranteed by the constitution. For example, in Belgium, King Baudouin refused to give Royal Assent to a law on abortion, which was eventually resolved by temporarily declaring him incapable of reigning and having the Council of Ministers give assent.
In conclusion, when a government passes a law against its constitution, it can lead to a constitutional crisis with significant consequences. It can threaten democratic institutions, the separation of powers, and the rights and freedoms of citizens. Resolving such crises may require the intervention of the judiciary, public discourse, and, in some cases, elections or referendums.
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Constitution fails to address a specific situation
A constitutional crisis can occur when the constitution fails to address a specific situation. This can happen when the constitution is legally ambiguous or vague, leaving room for interpretation and uncertainty about how to resolve the issue at hand. For example, the 2000 US presidential election dispute over vote tallies in Florida was a potential constitutional crisis. While the House of Representatives had the authority to determine the winning candidate in case of a dispute, the situation required interpretation and supplementation of constitutional rules, demonstrating the challenges that can arise when the constitution does not provide clear guidance.
In such cases, the resolution often sets a legal precedent for addressing similar crises in the future. For instance, the United States presidential succession of John Tyler established that a successor assumes the presidency without limitation. However, the absence of clear constitutional guidance can lead to a crisis of varying degrees, depending on the specific issue at stake. For example, ignoring an order to hold elections would constitute a significant crisis, while disregarding a mandate to undo a name change would be a less severe but still important crisis.
During a constitutional crisis, the usual paths to resolution, such as legislation or constitutional amendments, may be challenging to pursue due to the complexities of the situation. The involvement of different branches of government, conflicts between federal and state authorities, or societal factions can further complicate the process of finding a solution. For instance, in the 2020 US presidential election, there were concerns about former President Donald Trump's alleged campaign to overturn the election results, highlighting the potential consequences when a political dispute cannot be easily resolved within the existing rules, norms, and procedures.
The actions of a power-hungry executive can also contribute to a constitutional crisis. This can include targeting the courts, weakening the independence of state and local officials, or unlawfully targeting the media and civil society. For example, President Recep Tayyip Erdogan of Turkey has been accused of using regulatory powers to erode press freedom, potentially altering the landscape of institutional constraints on executive power over time. Similarly, during the Trump administration, there were concerns about the potential violation of the emoluments clause, demonstrating how the actions of an executive can test the democratic guardrails and pose a challenge to the country's democratic foundations.
In summary, when the constitution fails to address a specific situation, a constitutional crisis can occur due to legal ambiguities and vagueness. The resolution of such crises often sets legal precedents, but the complexity of the situation and the involvement of various governmental and societal factions can hinder the implementation of solutions. The actions of power-hungry executives, such as targeting democratic institutions, further complicate the scenario, underscoring the importance of defending democratic guardrails and the country's foundational values.
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Political dispute cannot be resolved within the system
A constitutional crisis can occur when a political dispute cannot be resolved within the system of rules, norms, and procedures that govern a society. This can happen for several reasons, including conflicts between different branches of government, conflicts between central and local governments, or disputes within society.
For example, a government may want to pass a law that goes against the constitution, or the constitution may fail to provide a clear answer to a specific situation. This was the case during the 2000 US presidential election, when a dispute over vote tallies in Florida was taken to the Supreme Court, despite the authority to determine the winning candidate resting with the House of Representatives. The Supreme Court ultimately handed the presidency to George W. Bush, which some scholars argue constituted a constitutional crisis that left a stain on the democratic process.
Another example is when a president defies a court order or judicial interpretation of a law. During Donald Trump's presidency, there were concerns that he was undermining democratic institutions by criticising judges and making comments about removing judges he disagreed with. This prompted discussions about whether this constituted a constitutional crisis.
In some cases, a constitutional crisis can lead to a breakdown of democratic institutions and the rule of law. For instance, in Egypt, President Hosni Mubarak was removed in the Egyptian Revolution, leaving the country without a president until Mohamed Morsi was elected. However, Morsi was then arrested in a coup d'etat, creating another power vacuum until Abdel Fattah el-Sisi took office.
Constitutional crises can also occur when government institutions falter or fail to uphold the law, or when officials justify avoiding dealing with serious problems based on narrow interpretations of the law. This can lead to a loss of public trust in the government and a sense that the system is failing to serve the people.
In summary, when a political dispute cannot be resolved within the system, it can lead to a constitutional crisis with significant consequences for a country's governance, democracy, and stability.
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Conflict between different branches of government
A constitutional crisis can occur when there is a conflict between different branches of government. This can happen when one or more parties to a political dispute willfully chooses to violate a law of the constitution, or when there is a dispute over the judicial interpretation of a constitutional law.
For example, in the United States, there was a dispute over the interpretation of constitutional rules governing presidential elections during the 2000 presidential election. The dispute over vote tallies in Florida was taken to the Supreme Court, which ultimately handed the presidency to George W. Bush, despite the authority to determine the winning candidate resting with the House of Representatives. This led to questions about whether the outcome constituted a constitutional crisis and the democratic process was stained.
Another example is when a president defies a federal judge's order. This was a concern during the Trump administration, where there were concerns about the president's comments on judges and the potential for a constitutional crisis if he were to defy a federal judge's order on the detention of immigrants.
Constitutional crises can also arise when there is a conflict between the central and local governments or when government institutions falter or fail to uphold the law. For instance, in the United Kingdom, which has an unwritten constitution, a constitutional crisis occurred when King George III was unable to fulfil his responsibilities due to illness, and Parliament submitted an irregular bill providing for the Prince of Wales to act as regent.
The consequences of such conflicts can vary, but they often involve the erosion of democratic norms and institutions, the weakening of the rule of law, and the rise of authoritarianism. In some cases, as seen in the examples of Egypt and the Congo, constitutional crises can lead to coups and further political instability.
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Unlawful power grabs by the administration
A constitutional crisis can occur when a government official or administration engages in unlawful power grabs, violating the constitution and the rule of law. This can manifest in various ways, such as when an administration:
Seizes Control Through Unlawful Means
An administration may attempt to seize control of the government through force, deception, or other unlawful means. For instance, in the 2007 Ukrainian crisis, the dismissal of the elected government by the president sparked a constitutional crisis. Similarly, in Egypt, the removal of President Hosni Mubarak during the Egyptian Revolution led to a period without a president, resulting in a constitutional crisis.
Manipulates the Political Process
Manipulating the political process to gain an unfair advantage or consolidate power can be considered an unlawful power grab. This could include manipulating election results, as seen in the 2000 US presidential election, or attempting to overturn election results, as alleged in the case of former US President Donald Trump.
Abuses their Position for Personal Gain
When an administration uses its power to enrich itself or its supporters, it is engaging in an unlawful power grab. This can include using government resources for personal benefit or exploiting their position to advance their interests, as seen in allegations against the Trump administration, which agreed to settle lawsuits alleging discrimination against conservative nonprofit groups.
Violates Constitutional Rights and Norms
An administration may engage in unlawful power grabs by violating the constitutional rights of citizens or failing to uphold constitutional norms and procedures. For example, during the Trump years, policies and actions were implemented that many believed threatened the rule of law and democratic norms, such as the separation of powers and respect for the judiciary.
Centralizes Power and Erodes Checks and Balances
When an administration's policies and actions centralize power in the executive branch and erode checks and balances, it can be seen as an unlawful power grab. This was a concern raised during the Obama administration, which relied heavily on executive orders, and during the Trump administration, which was accused of authoritarian tendencies.
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Frequently asked questions
A constitutional crisis is a situation in which the fundamental principles of governance, primarily the Constitution, are threatened, undermined, or unable to resolve political conflicts. It can also occur when a government wants to pass a law that goes against the constitution, or when there is a conflict between different branches of the government.
The consequences of a constitutional crisis can range from administrative paralysis to the collapse of the government, loss of political legitimacy, democratic backsliding, or even civil war. It can also lead to economic instability, social unrest, and a loss of confidence in the government.
A recent example of a constitutional crisis occurred in the United States during President Donald Trump's administration. There were concerns that his executive orders evaded Congress's power to create laws and undermine Congressional power.
There are several ways to resolve a constitutional crisis, including a Supreme Court decision, legislation from Congress, an executive order from the President, a Constitutional Amendment, or an "Article 5" Convention. However, in some cases, the resolution may involve a complete overhaul of the government or the creation of a new constitution.
