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

Gambia

Rhodesia

South Africa

Asia

Iran

Malaysia

Pakistan

Thailand

Sri Lanka

See main article: 2018 Sri Lankan constitutional crisis.

Europe

Austria

Belgium

Denmark

England

Estonia

France

Germany

Malta

Order of Malta

Norway

Roman Republic

Russia

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.

North America

Canada

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.

Oceania

Australia

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

See also

Notes and References

  1. Book: Contiades, Xenophon. Constitutions in the Global Financial Crisis: A Comparative Analysis. Routledge. 2016. 9781409466314. Oxon. 53.
  2. Web site: The 4 Types of Constitutional Crises . Azari, Julia . Julia Azari . Masket, Seth . February 9, 2017 . FiveThirtyEight.
  3. Book: A New Introduction to American Constitutionalism . Graber, Mark A. . Oxford University Press . 2015 . 244. 9780190245238 .
  4. Book: Sinopoli, Richard. From Many, One: Readings in American Political and Social Thought. Georgetown University Press. 1996. 0878406263. Washington, D.C.. 185.
  5. Book: Hoskyns, Catherine. 1968. The Congo since independence, January 1960-December, 1961.
  6. News: Q&A: Egypt constitutional crisis. BBC. 24 December 2012.
  7. Web site: Frisch. Hillel. Egypt's Constitutional Crisis. 16 November 2011 . 16 November 2011.
  8. News: Gambian president Yahya Jammeh rejects election result . 9 December 2016 . . . en-GB . 0261-3077 . 19 January 2017 .
  9. News: Gambia crisis: Senegal troops 'enter' to back new president. BBC. January 19, 2017. 19 January 2017.
  10. Book: Barber, Nick. 2012. The Constitutional State.
  11. 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.
  12. Web site: President Arif Alvi approves dissolution of assembly on PM Imran Khan's advice . 2022-04-03 . www.geo.tv . en.
  13. Web site: 2022-04-03 . President Arif Alvi dissolves NA on PM Imran's advice . 2022-04-03 . The Express Tribune . en.
  14. 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.
  15. [Monarchy of Norway#Council of State]
  16. [Storting]
  17. Web site: Parlamentarismen inn i Grunnloven. February 20, 2007.
  18. Book: Huskey, Eugene. Presidential Power in Russia. Routledge. 2016. 9781315482194. London.
  19. News: 2019-08-30. Timeline: Constitutional crises in English and British history. en. Reuters. 2021-01-29.
  20. Book: Bogdanor, Vernon. 1997. The Monarchy and the Constitution.
  21. News: Suspending Parliament was unlawful, court rules. 2019-09-24. 2019-12-10. en-GB.
  22. 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.
  23. 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.
  24. 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.
  25. News: From Magna Carta to Brexit: 800 years of constitutional crises in Britain. 2019-08-30. Reuters. 2019-09-25. en.
  26. Book: Ellis, Richard E.. 1989. The Union at Risk: Jacksonian Democracy, States' Rights and the Nullification Crisis.
  27. Book: Philip Abbott. Philip Abbott (academic). Accidental Presidents: Death, Assassination, Resignation, and Democratic Succession. 23 June 2008. Springer. 978-0-230-61303-4.
  28. Book: Conlin, Michael F.. The Constitutional Origins of the American Civil War. 2019.
  29. Book: McCullough, David. 2003. Truman. 1069.
  30. Book: Marcus, Maeva. 1994. Truman and the Steel Seizure Case.
  31. Book: Pohlman, Harry. 2005. Constitutional Debate in Action: Governmental Powers.
  32. Book: Schudson, Michael. 1992. Watergate in American Memory.
  33. 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.
  34. Web site: Constitutional crisis leaves Turnbull government fighting for its political life. Remeikis. Amy. Sydney Morning Herald. 18 August 2017. 25 August 2017.
  35. 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.
  36. 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.
  37. 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".
  38. Web site: Acuerdo de la Cámara de Diputados sobre el grave quebrantamiento del orden constitucional y legal de la República. Google Docs.