26 December 2016

Bloomberg: The Politics of a Constitutional Crisis

Many constitutional systems around the globe have been tested in 2016. Turkey, Poland, the UK, the U.S. -- each case sheds some light on how different constitutional arrangements respond to the challenges of political factions. [...]

But the failed coup this past summer changed Turkey’s constitutional landscape drastically. Not only did Erdogan purge the military, but he took the opportunity to purge the judiciary, too, badly undermining the rule of law. The purge was based partly in party politics, and partly on the religious-cultural movement led by Fethullah Gulen, a Turkish leader in exile in the U.S. whom Erdogan blames for the coup attempt.

The lesson is that when a government believes one faction is trying to bring it down undemocratically, it will be sorely tempted to suppress that faction outside the constitution. Although Turkey’s constitution has been fairly functional, the country’s prospects for remaining democratic have been weakened considerably. [...]

Poland’s constitutional system may rally if international support and civil society can pressure PiS to respect political liberties. The next year will be crucial -- and if the system doesn’t succeed, Poland could become a victim of gradual constitutional failure, like Turkey and closer to the heart of Europe. [...]

In comparative constitutional terms, this may seem like progress -- but it’s probably regress. Faced with a deep political divide over Brexit, Britain is relying on new constitutional technologies rather than its own traditions, which have historically handled partisan division well.

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