Democracy and Constitutions: Putting Citizens First

A commitment to weak democracy and strong constitutionalism leaves less room for ordinary people to influence constitutional matters, with constitutional law representing and facilitating the centrality of judicial power and authority. Allan C. Hutchinson warns against this deference to a legal elite and advocates for a more democratic future that re-balances society's commitment to both democracy and constitutions.

Format: Paperback / softback
Length: 220 pages
Publication date: 26 July 2021
Publisher: University of Toronto Press

Democracy and Constitutions: A Commitment to Weak Democracy and Strong Constitutionalism
Democracy and constitutions are two essential pillars of a functioning society. However, the current state of affairs in many countries suggests that a commitment to weak democracy and strong constitutionalism is leading to a situation where a range of elite groups, actors, and institutions hold considerable sway over constitutional matters, leaving less room for the participation of ordinary people.

One of the main concerns with this approach is that it can lead to a lack of democratic accountability and a concentration of power in the hands of a few. This can be particularly problematic in times of crisis, when decisions need to be made quickly and effectively.

To address this issue, Allan C. Hutchinson, in his book Democracy and Constitutions, argues for a more democratic approach to constitutional law. He suggests that constitutional law should be more responsive to the needs and desires of ordinary people and that it should be used to promote democratic values and principles.

Hutchinson argues that an over-reliance on constitutional law and a lack of attention to democratic politics can keep people from influencing the moral and political character of society. It can also sap civic energies and relegates ordinary people to the sidelines.

To achieve a more democratic future, Hutchinson advocates for a strong democracy and weak constitutionalism. He argues that a strong democracy should provide citizens with the opportunity to participate in the political process and to hold their leaders accountable. At the same time, a weak constitutionalism should provide a framework for the protection of individual rights and freedoms.

One of the key challenges facing a more democratic future is the need to re-balance society's commitment to both democracy and constitutions. This requires a shift in mindset and a willingness to embrace new ideas and approaches.

Democracy and Constitutions provides a comprehensive and engaging analysis of the current state of affairs in many countries and offers a range of solutions to the challenges facing democracy and constitutions. The book is divided into three parts:

Part I: The Crisis of Democracy

In Part I, Hutchinson explores the crisis of democracy in many countries. He argues that democracy is facing a number of challenges, including the rise of authoritarianism, the decline of trust in institutions, and the erosion of democratic values.

Hutchinson suggests that these challenges are the result of a number of factors, including the global economic crisis, the rise of populism, and the decline of political participation. He argues that these factors have led to a situation where ordinary people are feeling disenfranchised and powerless.

To address these challenges, Hutchinson suggests that we need to promote a more democratic approach to politics. This includes promoting greater political participation, increasing transparency and accountability in government, and protecting individual rights and freedoms.

Part II: The Role of Constitutional Law

In Part II, Hutchinson explores the role of constitutional law in promoting democracy and constitutions. He argues that constitutional law should be more responsive to the needs and desires of ordinary people and that it should be used to promote democratic values and principles.

Hutchinson suggests that constitutional law should be more flexible and adaptable to changing circumstances. He argues that this can be achieved by adopting a more participatory approach to constitutional lawmaking and by ensuring that constitutional law is accessible to all citizens.

Part III: The Future of Democracy and Constitutions

In Part III, Hutchinson explores the future of democracy and constitutions. He argues that a more democratic future requires a shift in mindset and a willingness to embrace new ideas and approaches.

Hutchinson suggests that we need to promote a more participatory approach to politics, increase transparency and accountability in government, and protect individual rights and freedoms. He also suggests that we need to develop a more robust system of international governance that can address global challenges such as climate change, poverty, and inequality.

In conclusion, Democracy and Constitutions is a compelling and provocative book that charts a course away from the elitism of the present and toward a more democratic future. It argues for a strong democracy and weak constitutionalism, placing ordinary people at the institutional heart of government and politics. By promoting greater political participation, increasing transparency and accountability in government, and protecting individual rights and freedoms, we can create a society that is more just, equitable, and sustainable.

Weight: 338g
Dimension: 217 x 230 x 16 (mm)
ISBN-13: 9781487507930