What Can Constitutional Law Do Against the Erosion of Democracy and the Rule of Law? On the Interconnectedness of the Protection of Democracy and the Rule of Law

19 Pages Posted: 17 Sep 2019 Last revised: 1 Oct 2019

Date Written: September 16, 2019

Abstract

Democracy and the rule of law are slowly deteriorating in several countries around the world, including some Member States of the EU. There are many reasons for this, such as economic changes, new digital communication channels and geopolitical developments. Furthermore, the manner in which former socialist countries acceded to the EU turned out to be counterproductive for the state of democracy and the rule of law in these countries. Constitutional law has a number of tools at its disposal for preventing or reversing such tendencies. While constitutional lawyers typically see the rule of law as the guardian of democracy, the rule of law cannot entirely protect democracy in political reality. In fact, it is partly the other way around: democratic rotation guarantees the rule of law. Consequently, constitutional courts, concerned politicians and citizens should concentrate their efforts more strongly on democratic rotation than is currently the case.

Keywords: illiberalism, populism, the rule of law crisis of the European Union, quantitative methods in constitutional law, institutionalism, political morality, institutional alcoholism, Böckenförde Dilemma

Suggested Citation

Jakab, Andras, What Can Constitutional Law Do Against the Erosion of Democracy and the Rule of Law? On the Interconnectedness of the Protection of Democracy and the Rule of Law (September 16, 2019). Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2019-15. Available at SSRN: https://ssrn.com/abstract=3454649 or http://dx.doi.org/10.2139/ssrn.3454649

Andras Jakab (Contact Author)

University of Salzburg ( email )

Kapitelgasse 5-7.
Salzburg, 5020
Austria

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