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: Hardback
Length: 220 pages
Publication date: 20 August 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 key challenges facing democracy today is the primacy of liberal constitutionalism. Liberal constitutionalism emphasizes the importance of judicial power and authority, and has come to represent and facilitate the centrality of judicial power and authority in society. While this approach has been successful in many ways, it has also led to a situation where ordinary people are left out of the decision-making process.

Allan C. Hutchinson, in his book Democracy and Constitutions, warns against this deference to a legal elite on questions of constitutional meaning. Hutchinson argues that an over-reliance on constitutional law, and a lack of attention to democratic politics, keeps people from influencing the moral and political character of society. It saps civic energies and relegates ordinary people to the sidelines.

Hutchinson advocates for a strong democracy and weak constitutionalism, which places ordinary people at the institutional heart of government and politics. He argues that such a re-calibration is better for democracy and for society.

One of the key arguments in Democracy and Constitutions is that democracy is not just about elections and political representation. It is also about the participation of ordinary people in the decision-making process. Hutchinson argues that constitutional law should be designed to promote democracy, rather than to protect the interests of the legal elite.

To achieve this, Hutchinson proposes a number of reforms. He suggests that constitutional law should be more accessible to ordinary people, and that it should be more responsive to the needs of society. He also suggests that constitutional law should be more transparent, and that it should be subject to greater scrutiny by the public.

Hutchinson also argues that constitutional law should be more flexible, and that it should be able to adapt to changing circumstances. He suggests that constitutional law should be able to respond to the needs of marginalized groups, and that it should be able to protect the rights of individuals.

However, Hutchinson also recognizes that there are challenges to achieving a strong democracy and weak constitutionalism. One of the biggest challenges is the power of the legal elite. The legal elite has a lot of power and influence, and they are often able to shape the law in their favor. Hutchinson suggests that this power can be reduced by increasing the transparency of the legal system, by increasing the accountability of the legal profession, and by promoting greater public participation in the legal system.

Another challenge is the impact of globalization on democracy. Globalization has led to the growth of transnational corporations, and it has also led to the spread of authoritarianism. Hutchinson suggests that globalization can be addressed by promoting greater economic equality, by promoting greater political participation, and by promoting greater cultural diversity.

In conclusion, Democracy and Constitutions is a provocative and engaging book that charts a course away from the elitism of the present and toward a more democratic future. Hutchinson advocates for a strong democracy and weak constitutionalism, which places ordinary people at the institutional heart of government and politics. He suggests that constitutional law should be more accessible, more responsive, more transparent, more flexible, and more accountable, and that it should be able to adapt to changing circumstances. However, Hutchinson also recognizes that there are challenges to achieving a strong democracy and weak constitutionalism, and that these challenges must be addressed if democracy is to thrive in the future.

Weight: 424g
Dimension: 156 x 236 x 21 (mm)
ISBN-13: 9781487507923