Constitutional crisis explained
In political science, 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. There are several variations to this definition. For instance, one describes it as the crisis that arises out of the failure, or at least a strong risk of failure, of a constitution to perform its central functions.[1] The crisis may arise from a variety of possible causes. For example, a government may want to pass a law contrary to its constitution; the constitution may fail to provide a clear answer for a specific situation; the constitution may be clear but it may be politically infeasible to follow it; the government institutions themselves may falter or fail to live up to what the law prescribes them to be; or officials in the government may justify avoiding dealing with a serious problem based on narrow interpretations of the law.[2] [3] Specific examples include the South African Coloured vote constitutional crisis in the 1950s, the secession of the southern U.S. states in 1860 and 1861, the dismissal of the Australian federal government in 1975 and the 2007 Ukrainian crisis. While the United Kingdom of Great Britain and Northern Ireland does not have a codified constitution, it is deemed to have an uncodified one, and issues and crises in the UK and its constituent countries are described as constitutional crises.
Constitutional crises may arise from conflicts between different branches of government, conflicts between central and local governments, or simply conflicts among various factions within society. In the course of government, the crisis results when one or more of the parties to a political dispute willfully chooses to violate a law of the constitution; or to flout an unwritten constitutional convention; or to dispute the correct, legal interpretation of the violated constitutional law or of the flouted political custom. This was demonstrated by the XYZ Affair, which involved the bribery of French officials by a contingent of American commissioners who were sent to preserve peace between France and the United States.[4] The incident was published in the American press and created a foreign policy crisis, which precipitated the passage of the Alien and Sedition Acts. Opposition to these acts in the form of the Virginia and Kentucky Resolutions cited that they violated freedom of speech and exhorted states to refuse their enforcement since they violated the Constitution.
When the crisis arises because the constitution is legally ambiguous, the ultimate resolution usually establishes the legal precedent to resolve future crises of constitutional administration. Such was the case in the United States presidential succession of John Tyler, which established that a successor to the presidency assumes the office without any limitation. Politically, a constitutional crisis can lead to administrative paralysis and eventual collapse of the government, the loss of political legitimacy, or to civil war. A constitutional crisis is distinct from a rebellion, which occurs when political factions outside a government challenge the government's sovereignty, as in a coup d'état or a revolution led by the military or by civilians.
Africa
Democratic Republic of the Congo
Egypt
Malawi
- A constitutional crisis occurred in Malawi in 2012 with regard to the succession of Bingu wa Mutharika. The President and Vice-President were from different parties which led to deliberations over who the rightful successor would be and the constitutional crisis. Vice-President Joyce Banda eventually succeeded wa Mutharika.
Gambia
Rhodesia
South Africa
Asia
Iran
Malaysia
Pakistan
- Supreme Court Chief Justice Sajjad Ali Shah clashed repeatedly with Prime Minister Nawaz Sharif in late 1997, accusing him of undermining the court's independence. After Ali Shah suspended a constitutional amendment that prevented 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. Ali Shah resigned shortly afterward, establishing Sharif's dominance.
- Following a no-confidence motion against Prime Minister Imran Khan on 8 March 2022, a constitutional crisis occurred when the deputy speaker of the National Assembly rejected the no-confidence motion on the 3rd of April 2022. President Arif Alvi subsequently dissolved the national assembly, upon advice from the Prime Minister,[11] [12] [13] which constitutionally could not be done by a Prime Minister who is facing a no-confidence motion.
Thailand
Sri Lanka
See main article: 2018 Sri Lankan constitutional crisis.
- On the 26th of October 2018, President Maithripala Sirisena appointed former President Mahinda Rajapaksa as Prime Minister and dismissed incumbent Prime Minister Ranil Wickremesinghe. Ranil Wickremesing refused to accept the dismissal while stating that it was unconstitutional and undemocratic.
Europe
Austria
Belgium
Denmark
England
Estonia
France
- The Brittany Affair of 1765: The king's court in Brittany forbade collection of taxes to which the provincial Estates did not consent. After King Louis XV annulled the court's decree, most of its members resigned. The chief prosecutor, Louis-René de Caradeuc de La Chalotais, was accused of writing letters denouncing the king's action and charged with treason. A court convened to try La Chalotais reached no conclusion due to questions of jurisdiction and the weakness of the evidence. The king then transferred the case to his own council, further inflaming fears of absolutism to the point that he was obligated to release La Chalotais and yield to the provincial authorities.
- The 16 May 1877 crisis: President Patrice de Mac-Mahon dismissed Prime Minister Jules Simon and named Albert de Broglie to replace him. The National Assembly refused to recognize the new government and a crisis, which ended with the dissolution of the Assembly and new elections, ensued.
Germany
- Crisis of the Weimar Republic (1930–1933): A series of conservative chancellors appointed by President Paul von Hindenburg were unable to secure legislation from the Reichstag, dominated first by the Social Democratic Party and later the Nazi and Communist parties. These chancellors increasingly turned to legislation by emergency presidential decrees, thereby laying the constitutional foundation of Adolf Hitler's dictatorship.[14]
Malta
Order of Malta
- In December 2016 Matthew Festing, Grand Master of the Order of Malta, dismissed its Grand Chancellor Albrecht von Boeselager for allowing the distribution of contraceptives in violation of the Catholic Church's policy. Boeslanger protested that the dismissal was irregular under the Order's constitution and appealed to Pope Francis. Francis ordered an investigation of the dispute, then demanded and received Festing's resignation. The Order elected Giacomo dalla Torre del Tempio di Sanguinetto as Festing's successor on a program of constitutional reform and promoting religious obedience.
Norway
Roman Republic
- Caesar's Civil War: In 50 BC the Roman Senate ordered Julius Caesar, a popular military general and territorial governor, to disband his army and return to Rome after he invaded Gaul and Britain. Rather than comply, Caesar crossed the boundary of his territory with a legion of his army intending to confront the government. The Senate retreated before his advance, allowing him to establish a dictatorship that set the template for the Roman Empire.
Russia
- The constitutional crisis of 1993: President Boris Yeltsin ordered the dissolution of the Supreme Soviet when it refused constitutional reforms that would allow him to implement his privatization program. After the Constitutional Court struck down Yeltsin's order, parliament impeached him and recognized a rival government of dissenting officials. Yeltsin used military force to disperse parliament, established a government by presidential decree, and pushed through a new constitution that increased the power of the presidency.[18]
Scotland
This covers the Kingdom of Scotland, which became part of the Kingdom of Great Britain after 1707. For constitutional crises since then, see United Kingdom below.
Spain
The government of Catalonia under Carles Puigdemont held an independence referendum against instructions of the Spanish courts. The referendum passed by an overwhelming margin, albeit with limited voter participation, whereupon the Catalonian government declared independence. The Spanish government dissolved the Catalonian government, arrested pro-independence politicians and imposed direct rule from Madrid for more than half a year.
Turkey
Ukraine
United Kingdom
While the United Kingdom of Great Britain and Northern Ireland does not have a written constitution, it is deemed to have an unwritten one, and issues and crises in the UK and its constituent countries are described as constitutional crises.
- The regency crisis of 1788: A new Parliament convened while King George III was unable, due to illness, to charge it with its responsibilities or assent to any bills. Parliament nonetheless submitted an irregular bill that provided for George, Prince of Wales, to act as regent, and the Lord Chancellor Lord Thurlow affixed the royal seal to it without the king's signature. This precedent was repeated in 1811 after the king again fell ill.
- The House of Lords's rejection of the 1909 People's Budget, a proposal by Chancellor of the Exchequer David Lloyd George and President of the Board of Trade Winston Churchill entailing welfare reforms funded by taxes on landowners. This caused a two-year impasse, which ended after the Liberal Party won the January 1910 general election and the House of Lords ratified the law. However, the impasse resumed when Prime Minister H. H. Asquith introduced the Parliament Act permanently removing the House of Lord's veto over money bills and sharply limiting its veto over public bills, which the House of Lords blocked after the December 1910 general election ended in a hung parliament. King George V finally forced the House to ratify the law by threatening to end its Conservative majority by appointing hundreds of new peerages.[19] [20]
- The 1936 Edward VIII abdication crisis, when King Edward VIII proposed to marry divorcee Wallis Simpson against the advice of his ministers. This was unacceptable to the leaders of the United Kingdom and the Dominions because Simpson was twice divorced and the Church of England, of which Edward nominally served as the head, forbade remarriage of divorcees if their spouses were still alive. Rather than ending their relationship the King chose to abdicate and his brother assumed the throne as King George VI.
- The 2019 British prorogation controversy in October 2019, where the Government of Conservative Prime Minister Boris Johnson advised Queen Elizabeth II to prorogue the British Parliament for five weeks. The decision was taken during contentious parliamentary debate over the United Kingdom's impending withdrawal from the European Union. In the unanimous R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland decisions, the Supreme Court of the United Kingdom unanimously found the prorogation to be unlawful as preventing the ability of Parliament to carry out its constitutional functions without reasonable justification.[21] [22] [23] [24] [25]
North America
Canada
- In the King–Byng Affair of 1926, Governor General the Viscount Byng of Vimy refused the request of his Prime Minister, William Lyon Mackenzie King, to dissolve Parliament and call new elections after King had, months before, refused to resign. Instead, Byng dismissed King and appointed Arthur Meighen as Prime Minister, after which Meighen found himself unable to obtain the confidence of the House of Commons, triggering his own resignation and the 1926 federal election. Reaction to the affair was reflected in the Balfour Declaration of 1926, the resulting separation of dominion governors-general from the British government, and the Statute of Westminster, 1931, that made each realm of the Crown independent.
- The 1936 abdication crisis, when King Edward VIII proposed to marry divorcee Wallis Simpson against the advice of his ministers.
- The 1982 patriation of the constitution was contentious, as there were conflicting opinions from the federal government, provincial governments, and Supreme Court over what exactly the procedure was for Canada to request a constitutional amendment from the Parliament of the United Kingdom. The Supreme Court's decision in the Quebec Veto Reference found that Quebec did not have a veto on patriation and the process for amendment used was legitimate and binding. The National Assembly of Quebec symbolically refuses to ratify the Constitution Act, 1982, in its current form.
- The 2008–2009 Canadian parliamentary dispute, in which Liberal, New Democratic, and Bloc Québécois members of Parliament attempted to vote non-confidence against the Conservative ministry and replace it with a coalition government, was unprecedented in the Canadian constitutional system. Prime Minister Stephen Harper controversially advised Governor General Michaëlle Jean to prorogue Parliament to avoid the vote. The coalition effort subsequently fell apart, leaving the key questions around the dispute unanswered.
Honduras
United States
Republicans and Democrats disputed voting results in three states. An ad hoc Electoral Commission, created by Congress, voted along party lines in favor of Republican candidate Rutherford B. Hayes, in exchange for withdrawing federal troops from the South and ending Reconstruction.
- The 1952 steel strike: President Harry S. Truman nationalized the country's steel industry on the basis of his inherent powers in order to prevent a strike by the United Steelworkers that would impede the Korean War. This action reopened the "Great Debate" of 1950–51 regarding the extent of Truman's authority to counter the spread of communism. The Supreme Court annulled Truman's order in Youngstown Sheet & Tube Co. v. Sawyer, holding that presidential actions must proceed from constitutional or legislative authority. Truman used the threat of a second nationalization to push steel workers and management to an agreement.[29] [30]
- In the Watergate scandal (1972–1974), President Richard Nixon and his staff obstructed investigations into their political activities. Nixon resigned, under threat of impeachment, after the release of an audio tape showing that he had personally approved the obstruction. Congressional moves to restrain presidential authority continued for years afterward.[31] [32]
Oceania
Australia
- The 1936 Edward VIII abdication crisis, when King Edward VIII proposed to marry divorcee Wallis Simpson against the advice of his ministers.
- The 1975 Australian constitutional crisis saw the Prime Minister Gough Whitlam and his government dismissed by the nation's Governor-General Sir John Kerr, in response to a prolonged budget deadlock in Parliament. Whitlam's Labor government had the confidence of the lower house, the House of Representatives. In the Australian Constitution, the Senate has equal powers with the House of Representatives, except it may not initiate or amend a supply bill. It can, however, reject or defer consideration of such a bill, and that is what it did on this occasion. The Constitution permits the Governor-General to dismiss the government if they cannot command the confidence of Parliament and will not call an election. Though the government lacked the confidence of the Senate, they commanded the confidence of the lower house, where government is formed, and confidence motions introduced. Whitlam also stated his intention to call an election, but Kerr nonetheless dismissed him without prior warning and installed Malcolm Fraser as Prime Minister, despite Fraser's inability to command the confidence of either house of Parliament. After Fraser's Liberal government passed several important appropriations bills, Kerr declared a double dissolution of Parliament and the 1975 federal election, which Fraser won in a landslide.
- In 2017, the eligibility of a number of Australian parliamentarians to sit in the Parliament of Australia was called into question because of their actual or possible dual citizenship. The issue arises from section 44 of the Constitution of Australia, which prohibits members of either house of the Parliament from having allegiance to a foreign power. Several MPs resigned in anticipation of being ruled ineligible, and five more were forced to resign after being ruled ineligible by the High Court of Australia, including National Party leader and Deputy Prime Minister Barnaby Joyce. This became an ongoing political event referred to variously as a "constitutional crisis"[33] [34] or the "citizenship crisis".[35]
Fiji
Kiribati
See main article: 2022 Kiribati constitutional crisis.
New Zealand
Papua New Guinea
Samoa
Tuvalu
South America
Chile
Accusing Salvador Allende's government of increasing authoritarianism, the Supreme Court, Comptroller General and Chamber of Deputies[38] declared him out of order, and the Chamber urged the military to put an end to constitutional breaches. The military deposed Allende a few weeks later and abolished the constitution.
Peru
President Alberto Fujimori, with the support of the armed forces, dissolved the Congress after it rejected his proposal for stronger action against Shining Path and MRTA. Then, he called for elections for a Democratic Constitutional Congress to write the 1993 Peruvian Constitution. Until the new constitution was written, he ruled by decree.
Venezuela
- 2017 Venezuelan constitutional crisis and Venezuelan presidential crisis: The constitutional chamber of the Supreme Tribunal of Justice ruled that the country's legislature, the National Assembly, was operating in contempt of the constitution due to prior rulings that some members had been improperly elected and assumed legislative power for itself. Politicians opposed to the government of President Nicolás Maduro, as well as Maduro's Prosecutor General, denounced the ruling for undermining the constitutional order, and the Tribunal rescinded it the following day. Maduro summoned a Constituent Assembly, nominally to draft a new constitution, but in practice to assert his authority against that of the National Assembly. After an irregular presidential election the following year, National Assembly President Juan Guaidó was recognized as interim president in opposition to Maduro, which he continued to claim through the end of 2022.
See also
Notes and References
- Book: Contiades, Xenophon. Constitutions in the Global Financial Crisis: A Comparative Analysis. Routledge. 2016. 9781409466314. Oxon. 53.
- Web site: The 4 Types of Constitutional Crises . Azari, Julia . Julia Azari . Masket, Seth . February 9, 2017 . FiveThirtyEight.
- Book: A New Introduction to American Constitutionalism . Graber, Mark A. . Oxford University Press . 2015 . 244. 9780190245238 .
- Book: Sinopoli, Richard. From Many, One: Readings in American Political and Social Thought. Georgetown University Press. 1996. 0878406263. Washington, D.C.. 185.
- Book: Hoskyns, Catherine. 1968. The Congo since independence, January 1960-December, 1961.
- News: Q&A: Egypt constitutional crisis. BBC. 24 December 2012.
- Web site: Frisch. Hillel. Egypt's Constitutional Crisis. 16 November 2011 . 16 November 2011.
- News: Gambian president Yahya Jammeh rejects election result . 9 December 2016 . . . en-GB . 0261-3077 . 19 January 2017 .
- News: Gambia crisis: Senegal troops 'enter' to back new president. BBC. January 19, 2017. 19 January 2017.
- Book: Barber, Nick. 2012. The Constitutional State.
- Web site: Khan . Dawn com Sanaullah . 2022-04-03 . President Alvi dissolves National Assembly on PM Imran's advice . 2022-04-03 . DAWN.COM . en.
- Web site: President Arif Alvi approves dissolution of assembly on PM Imran Khan's advice . 2022-04-03 . www.geo.tv . en.
- Web site: 2022-04-03 . President Arif Alvi dissolves NA on PM Imran's advice . 2022-04-03 . The Express Tribune . en.
- Book: Paulson, Stanley L.. Chapter 19: Hans Kelsen and Carl Schmitt: Growing Discord, Culminating in the "Guardian" Controversy of 1931. The Oxford Handbook of Carl Schmitt. Meierhenrich. Jens. Simons. Oliver. 2016.
- [Monarchy of Norway#Council of State]
- [Storting]
- Web site: Parlamentarismen inn i Grunnloven. February 20, 2007.
- Book: Huskey, Eugene. Presidential Power in Russia. Routledge. 2016. 9781315482194. London.
- News: 2019-08-30. Timeline: Constitutional crises in English and British history. en. Reuters. 2021-01-29.
- Book: Bogdanor, Vernon. 1997. The Monarchy and the Constitution.
- News: Suspending Parliament was unlawful, court rules. 2019-09-24. 2019-12-10. en-GB.
- News: Analysis How Brexit Could Unleash a U.K. Constitutional Crisis. Bloomberg. Edward Evans and Jonathan Browning . 2019-09-24. Washington Post. 2019-09-25. en-US. 0190-8286.
- News: Constitutional crisis: this looks like lights out for Boris and Brexit. Sandbach. Antoinette. The Times. 2019-09-25. 2019-09-25. en. 0140-0460.
- Web site: The UK has not yet had a constitutional crisis over Brexit—but it could do soon. Green. David Allen. September 2, 2019. en-US. 2019-09-25.
- News: From Magna Carta to Brexit: 800 years of constitutional crises in Britain. 2019-08-30. Reuters. 2019-09-25. en.
- Book: Ellis, Richard E.. 1989. The Union at Risk: Jacksonian Democracy, States' Rights and the Nullification Crisis.
- Book: Philip Abbott. Philip Abbott (academic). Accidental Presidents: Death, Assassination, Resignation, and Democratic Succession. 23 June 2008. Springer. 978-0-230-61303-4.
- Book: Conlin, Michael F.. The Constitutional Origins of the American Civil War. 2019.
- Book: McCullough, David. 2003. Truman. 1069.
- Book: Marcus, Maeva. 1994. Truman and the Steel Seizure Case.
- Book: Pohlman, Harry. 2005. Constitutional Debate in Action: Governmental Powers.
- Book: Schudson, Michael. 1992. Watergate in American Memory.
- Web site: Kenny. Mark. Citizenship fiasco deepens, threatening Malcolm Turnbull's authority. Canberra Times. Fairfax Media. 3 November 2017. 3 November 2017. 30 December 2017. https://web.archive.org/web/20171230141648/http://www.canberratimes.com.au/federal-politics/political-news/citizenship-fiasco-deepens-threatening-malcolm-turnbulls-authority-20171103-gze3l4.html. dead.
- Web site: Constitutional crisis leaves Turnbull government fighting for its political life. Remeikis. Amy. Sydney Morning Herald. 18 August 2017. 25 August 2017.
- Web site: Barnaby Joyce, Fiona Nash citizenship saga: Nationals in crisis, government in turmoil. Judith. Ireland. James. Massola. Sydney Morning Herald. 19 August 2017. 25 August 2017.
- Web site: 2021-05-04. Second vote called in latest twist in Samoa's most dramatic election in history. 2021-05-21. The Guardian. en.
- Web site: Head of State suspends Parliament . Samoa Observer . Joyetter Feagaimaali'i . 22 May 2021 . 22 May 2021 . "Samoa has been thrown into a constitutional crisis".
- Web site: Acuerdo de la Cámara de Diputados sobre el grave quebrantamiento del orden constitucional y legal de la República. Google Docs.