Article: "Designing the Democracy-Defending Citizen"
In recent years, there has been a gradual decline of democracy and the rule of law in a number of democracies in a number of countries all around the world. In the call for contributions to the Journal of Constitutional Studies Special Issue on "‘Constitutional Decline, Constitutional Design, and Lawyerly Hubris", editors Andras Jakab and Howard Schweber wanted to analyze the question of what legal rules or institutions can do against constitutional decline.
Tom Gerald Daly, CTN Convenor, published an article in the Special Issues on "Designing the Democracy-Defending Citizen". His article seeks to help us better see the people in this debate through focus on three key dimensions of constitutional design: constitutional rights of resistance against unjust rule or threats to democracy; the question of constitutionalising civic education; and the spread of citizens' assemblies, which have not been enshrined as constitutional mechanisms but which warrant analysis from a constitutional design standpoint. In doing so, it is argued that we face stark limitations in designing the
democracy-defending citizen through constitutional law but that a greater focus on
the people is vital in the developing constitutional design debates.