The Constitution's Decay: A Historical Perspective

what do we call the decay of the constitution

The decay of a constitution can be referred to as constitutional rot, and it has been argued that this has been occurring in the United States for some time. This rot has been caused by four phenomena: polarisation, distrust, demagoguery, and policy disasters. The rise of Donald Trump has been cited as a symptom of this, as his presidency has been characterised by increasing polarisation and the abandonment of populist policies. The decay of a constitution can also be referred to as democratic decay, which is a global phenomenon that has been marked by a decline in freedom. This decay is caused by political and social forces that degrade liberal democracy.

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Rise of demagogues

The decay of a constitution can be referred to as "constitutional rot". One of the causes of constitutional rot is the rise of demagogues.

Demagoguery has existed since ancient Greece, emerging in Athens alongside democracy. The term "demagogue" comes from the Greek "dēmagōgos", which originally had no negative connotation and meant "popular leader" or "mob leader". However, over time, the term took on a more negative meaning, referring to a troublesome leader who arises in a democracy.

Demagogues are political leaders who gain popularity by exploiting the fundamental weaknesses in democracy. They appeal to the passions and prejudices of the common people, particularly the lower classes and less-educated, by scapegoating out-groups, exaggerating dangers, and making false promises. They often advocate for immediate and forceful action, disregarding established norms of political conduct and moderate customs of the aristocratic elite. They tend to favour rash or violent action over deliberation and can be manipulative and evasive when discussing vital issues.

In modern times, examples of demagogues include Adolf Hitler, Benito Mussolini, Huey Long, Father Coughlin, and Joseph McCarthy. More recently, Donald Trump has been identified as a demagogue by some commentators. Trump's rise to power is seen as a symptom of constitutional rot in the United States, and his actions as president have further contributed to the decay of the constitutional system.

The rise of demagogues can be understood as a result of the breakdown of traditional political establishments and the loss of faith in government among the people. When people lose trust in their leaders, they become more susceptible to the rhetoric of demagogues, who promise to restore past glories and make things right.

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Policy disasters

The decay of a constitution can be referred to as "constitutional rot". This phenomenon has been observed in the United States, where it has led to a state of dysfunctional national politics. Constitutional rot has resulted in American politics becoming less democratic, less republican, and more oligarchical. One of the four causes of constitutional rot is policy disasters, which are significant failures in decision-making by representatives.

Examples of policy disasters include the Vietnam War, the Iraq War, and the 2008 financial crisis. The Vietnam War, which lasted from 1955 to 1975, resulted in significant casualties and a loss of public trust in the government. The Iraq War, which began in 2003, was based on false claims of weapons of mass destruction and led to widespread civil unrest and instability in the region. The 2008 financial crisis, caused by lax regulation and risky banking practices, resulted in a global economic downturn and increased unemployment rates. These policy disasters had long-lasting impacts and contributed to the decay of constitutional ideals.

Additionally, policy disasters can create an environment conducive to the rise of demagogues, as witnessed in the case of Donald Trump. His populist rhetoric and promises to restore former glories resonated with a population disillusioned by policy failures. Once in power, Trump further contributed to constitutional rot by increasing polarization and sowing distrust and confusion.

The impact of policy disasters can also be observed in the growing divide between different states within a country. In the United States, the states that voted for Trump closely align with those that have adopted legislative calls for a constitutional convention. This highlights how policy disasters can lead to differing transformations within a country, making it challenging to treat all states as political equals.

To conclude, policy disasters are significant failures in decision-making that contribute to the decay of constitutional ideals. They exacerbate other causes of constitutional rot and have far-reaching consequences for a country's political and social landscape. By examining specific examples such as the Vietnam War, the Iraq War, and the 2008 financial crisis, we can better understand the impact of policy disasters and work towards preventing similar occurrences in the future.

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Polarization and distrust

Polarization is a process whereby societal differences align along a single dimension, resulting in a perception of politics and society in terms of "Us" versus "Them". This can lead to a reduction in interest and information diversity within the political system, making it more vulnerable to autocracy. In the US, this has manifested as a growing divide between Republicans and Democrats, with each group placing more or less trust in different institutions. For example, Republicans tend to have more confidence in business, the military, police, and religion, while Democrats tend to trust the press, television, public schools, higher education, law, and science more.

The decline in trust in non-political institutions has been occurring since the 1970s, and has been fuelled by specific events such as bank failures and police behaviour, as well as generalized distrust in institutions following events like Watergate. This loss of trust can have significant consequences, as it may lead to a lack of willingness to accept the solutions put forth by these institutions to solve societal problems.

The rise of Donald Trump has been cited as a symptom and a cause of constitutional rot. His populist rhetoric and media strategy have contributed to increasing polarization and distrust, and his actions as president have often aimed to consolidate power by exploiting these divisions.

The decay of a constitution can lead to fundamental changes in the constitutional order of a state, as has been observed in the US and other countries. This can result in social upheaval and political violence, as was seen during the US Civil War in the 1950s to 1970s, and there are concerns that the country may return to those levels of instability.

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Rule of law decay

The decay of a constitution can be referred to as "constitutional rot". This term has been used to describe the decay of features of a constitutional system that maintain it as a healthy republic. Constitutional rot has been observed in the United States, contributing to the country's dysfunctional national politics and a shift towards oligarchy. This phenomenon is driven by various factors, including the rise of demagogues, increasing polarization, and policy disasters.

The Venice Commission, an expert body within the Council of Europe, plays an important role in addressing rule of law decay. It assists and advises countries on constitutional matters to improve democratic institutions and protect human rights. However, the EU's influence may be limited in certain cases, such as in Hungary's rapid dismantling of the rule of law.

The trend of democratic decay, including rule of law decay, is a dynamic and rapidly spreading global phenomenon. It poses a significant threat to liberal democracy and global freedom. To address this challenge, scholars, policy actors, and guides are needed to work together and develop solutions to protect and remake democracy.

In summary, rule of law decay is a critical component of constitutional rot, and it involves the undermining of democratic principles and the rule of law. This decay has been observed in various countries, and efforts are being made to detect, understand, and counter it through initiatives such as the Venice Commission and cross-disciplinary research collaborations.

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Global democratic recession

The decay of a constitution can be referred to as "constitutional rot". This term has been used to describe the decay of constitutional systems that maintain a healthy republic, leading to political systems becoming increasingly oligarchic, less equal, and more polarised.

The world has been facing a democratic recession for over a decade, with democratic backsliding becoming a defining trend in global politics. This phenomenon has been observed in dozens of countries across multiple regions, particularly in the Global South and former Communist countries. While there is no clear consensus on the drivers of democratic backsliding, various factors have been proposed, including the rise of populist demagogues, the spread of political polarisation, and democracies' failure to deliver.

Larry Diamond, FSI's Mosbacher Senior Fellow in Global Democracy, has provided a comprehensive view of the global state of democracy. He has underscored the importance of the rule of law in driving democratic decline rates and highlighted the erosion of normative commitments to democracy, weakening institutions, and poor economic and political performance as factors contributing to the democratic recession.

The democratic recession includes two related phenomena. The first is the hardening of autocratic rule, where countries have shifted from partial or soft authoritarianism to a more rigid form of authoritarianism. The second is democratic tremors, where the rise of illiberal forces in a democracy raises concerns about the health of the democratic system, but systemic changes have not yet occurred.

Despite the alarming global trends, there is hope for reversing the democratic recession. For example, the defeat of Poland's Law and Justice Party at the polls demonstrates the potential for change. The near-term trajectory of global democracy will be influenced by the outcomes of crucial elections in the United States and India in 2024.

Frequently asked questions

The decay of the constitution, also referred to as constitutional rot, refers to the erosion of the democratic system and the decline in the quality of governance.

Constitutional rot can lead to a country's political system becoming less democratic and more oligarchical, with increased polarisation and distrust in government.

Signs of constitutional rot include a rise in demagoguery, increased political and social instability, and a decline in freedom.

Constitutional rot can be caused by a variety of factors, including policy disasters, inadequate responses to globalisation, and the influence of powerful donors on politicians.

While it may be challenging, it is possible to reverse constitutional rot through collaborative efforts between scholars, policy actors, and researchers.

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