Balkinization: What is the Shadow on Democracy?
by Tom Ginsburg and Aziz Huq
Is democracy in the United States at risk? This question has been posed by many sober and careful commentators, including Steven Levitsky, Dani Rodrik, and Masha Gessen. In a new article called entitled “How to Lose a Constitutional Democracy,” we draw on recent comparative law and politics to develop a taxonomy of different threats of democratic backsliding, the mechanisms whereby they unfold, and the comparative risk of different sorts of threat given the substance of our constitutional rules. Our aim is to provide a general framework for evaluating various risks to democratic stability, and for identifying how constitutional rules can either hinder or facilitate those risks materializing.