Democratic Crisis and Global Constitutional Law

Explains the current weakness of democratic polities by addressing paradoxes in constitutional democracy and its theoretical foundations.

Christopher Thornhill (Author)

9781108496087, Cambridge University Press

Hardback, published 28 January 2021

250 pages
23.5 x 16 x 2 cm, 0.55 kg

'This brilliant book revolutionizes many well established assumptions. First, there are no old democracies. Until about 1950 the citizen of law was constituted by the citizen of war. The bonded man became free at the price of national service. Universal suffrage was rigidly coupled to universal conscription. Instead of democracy the people got authoritarian populism. Second, only after 1950 was equal participation of all sexes, nationalities and social classes realized. Third, it was not national sovereignty but transnationally constituted human rights that made democracy. After reading this outstanding book, we know that the only cure against populism is more global constitutional law.' Hauke Brunkhorst, European University Flensburg, Germany

Democratic Crisis and Global Constitutional Law explains the current weakness of democratic polities by examining antinomies in constitutional democracy and its theoretical foundations. This book argues that democracy is usually analysed in a theoretical lens that is not adequately sensitive to its historical origins. The author proposes a new sociological framework for understanding democracy and its constitutional preconditions, stressing the linkage between classical patterns of democratic citizenship and military processes and arguing that democratic stability at the national level relies on the formation of robust normative systems at the international level. On this basis, he argues that democracy is frequently exposed to crisis because the normative terms in which it is promoted and justified tend to simplify its nature. These terms create a legitimising space in which anti-democratic movements, typically with a populist emphasis, can take shape and flourish.

Introduction
1. Democratic Subjects and Social Process
2. Democracy and Militarization
3. Democracy and Global Law
4. Populism as Misunderstood Democracy
Conclusion.

Subject Areas: Constitutional & administrative law [LND], Law & society [LAQ], Regional government policies [JPRB], Political structures: democracy [JPHV], Politics & government [JP], Sociology [JHB], Social forecasting, future studies [JFFR], Social & political philosophy [HPS]