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  • The Pragmatics of Democratic “Front-Sliding”
  • Tom Ginsburg, Aziz Z. Huq
  • Journal: Ethics & International Affairs / Volume 36 / Issue 4 / Winter 2022
  • Published online by Cambridge University Press: 22 December 2022, pp. 437-453
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    How does a democracy that has survived a close brush with authoritarianism start to recreate conditions of meaningful democratic political competition? What steps are to be taken, and in what order? Certain lessons can be gleaned from comparative experience with the challenges of “front-sliding”—that is, the process of rebuilding the necessary political, legal, epistemic, and sociological components of democracy. This essay maps out those challenges, examines the distinctive and difficult question of punishing individuals who have been drivers of democratic backsliding, and reflects on how to sequence different elements of front-sliding.

  • 1 - Introduction
  • Edited by Tom Ginsburg, University of Chicago, Aziz Z. Huq, University of Chicago
  • Book: From Parchment to Practice
  • Published online: 28 February 2020
  • Print publication: 30 April 2020, pp 1-28
  • View extract

    Summary

    All constitutions involve a balance between preservation and transformation, that is, between retaining some elements of an old order and reaching toward a new one. It is in the first period of constitutional implementation that these tensions are worked out, and in which many constitutions fail. Drawing from the contracting literature, we identify two general sources of constitutional crisis or failure during the first period. We call these deficits of drafting and deficits of implementation: the first involves incomplete or imperfect text, and the second involves problems of political will and cooperation. Both reflect the immanent conflict between those factions and groups that benefit from transformation, and those that seek transformation.

From Parchment to Practice
  • From Parchment to Practice
  • Implementing New Constitutions
  • Edited by Tom Ginsburg, Aziz Z. Huq
  • Published online: 28 February 2020
  • Print publication: 30 April 2020
  • View description
    From Parchment to Practice explores the set of problems that arise when a new constitution has been adopted. All new constitutions must manage a balance or tension between two forces: aspirations for social and political transformation on the one hand and demands for preservation of old interests and institutions on the other. The period following the initial adoption of a new constitution, is the conceptual, temporal, and institutional bridge between the past and future. It is the moment when the transformative and the preservative forces in constitutional design can come into the sharpest conflict. Through a series of case studies, this volume analyzes the variable nature of these type of conflicts - and the diverse means through which they are mediated, whether successfully or not.

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