Simone Lawson
A constitutional crisis is a term used to describe a situation in which the normal mechanisms for resolving disputes within a political system have broken down, and the issue at hand has spilled over, rendering the institutions incapable of resolution. This can occur when one or more parties to a political dispute willfully violates the constitution or an unwritten constitutional convention, or disputes the interpretation of a constitutional law. Constitutional crises may arise from conflicts between branches of government, central and local governments, or factions within society. The term has been used in various contexts, including in the United States, Malaysia, Somalia, and Egypt, and while it is often invoked, there is no universally agreed-upon definition.
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What You'll Learn
Conflict between government branches
A constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. It is distinct from a rebellion, which occurs when political factions outside a government challenge its sovereignty, as in a coup d'état or a revolution.
A constitutional crisis may arise from conflicts between different branches of government, conflicts between central and local governments, or conflicts among various factions within society. This occurs when one or more of the parties to a political dispute willfully chooses to violate a law of the constitution or dispute the judicial interpretation of a constitutional law.
For example, in 1937, Roosevelt threatened to change the makeup of the court, asking Congress to add seats so that he could appoint new judges who would support his economic plans. This was not a violation of the Constitution, but many felt Roosevelt was abusing the Constitution’s vagueness to claim near-dictatorial powers, creating a crisis.
Another example is the 2020 Malaysian constitutional crisis, which began when Prime Minister Mahathir Mohamad attempted to replace his coalition partners and form a unity government supported by opposition parties. Supreme Court Chief Justice Sajjad Ali Shah clashed repeatedly with Prime Minister Nawaz Sharif, accusing him of undermining the court's independence. Ali Shah suspended a constitutional amendment that prevented the dismissal of the prime minister, after which Sharif considered impeaching the president.
In the United States, there have been fears of a constitutional crisis during the Trump administration, as Trump has openly questioned the authority of judges and ignored court orders.
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Conflict between central and local governments
A constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. A constitutional crisis may arise from conflicts between different branches of government, conflicts between central and local governments, or conflicts among various factions within society.
Central and local governments can come into conflict with each other, resulting in a constitutional crisis. Here are some examples:
Somalia (2024)
An ongoing constitutional crisis developed in Somalia when the Somali President, Hassan Sheikh Mohamud, changed the Constitution of Somalia on 30 April 2024. The change was immediately opposed by the President of Puntland, Said Abdullahi Deni, followed by the President of Jubaland. As a result, Puntland withdrew its recognition of the Federal Government of Somalia and declared itself an independent state based on Article 4 of the Puntland Constitution. Meanwhile, Jubaland cut its relations with the Somali government.
Malawi (2012)
A constitutional crisis occurred in Malawi in 2012 regarding the succession of President Bingu wa Mutharika. The President and Vice-President were from different parties, leading to deliberations over the rightful successor. Vice-President Joyce Banda eventually succeeded as Vice-President.
Fiji (1977)
In the Fiji constitutional crisis of 1977, the winning party in a general election failed to name a government due to internal conflicts. The Governor-General intervened, appointing a prime minister from the opposition party.
New Zealand (1984)
The New Zealand constitutional crisis of 1984 was caused by Prime Minister Sir Rob Muldoon's refusal to devalue the New Zealand dollar as instructed by the Prime Minister-elect, David Lange. The outgoing cabinet rebelled against Muldoon, who eventually relented.
Malaysia (2020)
A constitutional crisis occurred in Malaysia in 2020 when Prime Minister Mahathir Mohamad attempted to replace his coalition partners and form a unity government supported by opposition parties. Supreme Court Chief Justice Sajjad Ali Shah clashed with Prime Minister Nawaz Sharif, accusing him of undermining the court's independence. After Ali Shah suspended a constitutional amendment that prevented the dismissal of the prime minister, a complex power struggle ensued, resulting in the resignation of both Ali Shah and President Farooq Leghari.
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Conflict between societal factions
A constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. It occurs when there is a fundamental disagreement over the interpretation or application of a nation's constitution, leading to a breakdown of governance or a threat to the rule of law.
For example, in the 1951-55 Coloured vote constitutional crisis in South Africa, the National Party government disputed a Supreme Court decision overturning its Separate Representation of Voters Act, which sought to disenfranchise Coloured voters in the Cape Province. The party then attempted to reverse the decision in an ad hoc court, but this was also overturned. As a result, they used reforms to the Senate to pass the measure legally.
Another example is the ongoing constitutional crisis in Somalia, which began when President Hassan Sheikh Mohamud changed the Constitution of Somalia on April 30, 2024. This change was immediately opposed by the President of Puntland, Said Abdullahi Deni, followed by the President of Jubaland. As a result, Puntland withdrew its recognition of the Federal Government of Somalia and declared itself an independent state, while Jubaland cut its relations with the Somali government.
In both of these cases, conflict between societal factions, specifically along racial lines in South Africa and regional lines in Somalia, led to constitutional crises that threatened the rule of law and destabilized governance.
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Violation of the law or constitutional convention
A constitutional crisis is a situation where the system of "checks and balances" breaks down, and the issue spills over, rendering the institutions incapable of resolving the dispute. It is distinct from a rebellion, which occurs when political factions outside a government challenge its sovereignty.
Constitutional crises may arise from conflicts between different branches of government, conflicts between central and local governments, or conflicts among various factions within society. In the course of government, a crisis results when one or more of the parties to a political dispute willfully chooses to violate a law of the constitution or flout an unwritten constitutional convention.
For example, in 2024, the Somali President, Hassan Sheikh Mohamud, changed the Constitution of Somalia, which was immediately opposed by the President of Puntland, who invoked Article 4 of the Puntland Constitution to declare Puntland an independent state. Similarly, in 2020, a constitutional crisis occurred in Malaysia when Prime Minister Mahathir Mohamad attempted to replace his coalition partners and form a unity government supported by opposition parties.
In the United States, some commentators have argued that the country is in a constitutional crisis due to President Trump's defiance of federal court orders and threats to impeach judges that go against his orders. However, others disagree, stating that the Constitution is equipped to handle such situations through its system of checks and balances.
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Ignoring Supreme Court rulings
A constitutional crisis can arise from conflicts between different branches of government, conflicts between central and local governments, or conflicts among various factions within society. It occurs when one or more parties to a political dispute willfully violates a law of the constitution, flouts an unwritten constitutional convention, or disputes the judicial interpretation of a constitutional law.
Similarly, in 1951, the National Party government of South Africa disputed a Supreme Court decision overturning its Separate Representation of Voters Act, which sought to disenfranchise Coloured voters in the Cape Province. The party's attempt to reverse the decision in an ad hoc court was also overturned, after which the party used reforms to the Senate to pass the measure legally.
In Malaysia, a constitutional crisis occurred when Prime Minister Mahathir Mohamad attempted to replace his coalition partners and form a unity government supported by opposition parties. Supreme Court Chief Justice Sajjad Ali Shah clashed repeatedly with Prime Minister Nawaz Sharif, accusing him of undermining the court's independence. After Ali Shah suspended a constitutional amendment that prevented the dismissal of the prime minister, Sharif ordered President Farooq Leghari to appoint a new chief justice. When Leghari refused, Sharif considered impeaching him, but backed down after a warning from the armed forces. Faced with a choice of accepting Sharif's demands or dismissing him, Leghari resigned, followed shortly by Ali Shah, establishing Sharif's dominance.
In the United States, there has been concern about President Trump's potential to ignore court rulings, with some experts warning of a constitutional crisis. While Trump has not defied any orders from the U.S. Supreme Court, he has signed dozens of executive orders that have faced pushback in the courts, leading to concerns about his commitment to the rule of law.
Additionally, there have been instances where Biden ignored the Supreme Court regarding student loan forgiveness, and Obama's use of drones to target civilians, which some have argued constituted a constitutional crisis.
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Frequently asked questions
A constitutional crisis occurs when there is a conflict between different branches of government, central and local governments, or factions within society, resulting in the violation of constitutional laws or conventions.
A constitutional crisis can be caused by a variety of factors, including conflicts between different branches of government, such as the executive, legislative, and judicial branches, or between central and local governments. It can also be caused by conflicts within society, such as between different political factions.
Some examples of constitutional crises include the 2020 Malaysian constitutional crisis, where Prime Minister Mahathir Mohamad attempted to replace his coalition partners, and the 2016 Gambian constitutional crisis, where President Yahya Jammeh refused to accept election results and step down.
No, true constitutional crises are rare. Experts disagree on the definition, but most believe there have only been a handful of occurrences.
