Recent decades have seen a sharp rise in constitutional provisions regulating core aspects of democracy, including the rules about parties, voting, and elections. The trend is apparent in both democracies and nondemocracies, although democracies tend to constitutionalize slightly more matters. Constitutionalization can help democracy by tying the hands of politicians. Looking at cross-national data, we find that constitutionalizing democracy is correlated with higher levels of democracy. However, some rules have the potential to undermine democracy, particularly in contexts where the military plays a major role in politics. The essay illustrates these dynamics with the case studies of Kenya and Thailand.
Citation
Tom Ginsburg & Mila Versteeg, The Constitutionalization of Democracy, 34 Journal of Democracy, 36–50 (2023).