Articles for tag: Savings ClausesVergleichender Konstitutionalismus

Evolution vs Revolution

We are all aware of the polarization afflicting modern democratic societies. It has intensified to the point that each camp perceives the “other” as a threat to its values and way of life. I argue that the current conflicts democratic societies face are often rooted in constitutional clauses that preserve problematic past laws predating the adoption of the constitution. The preservation of these laws has sentenced countries to a long battle to reconcile between their democratic and liberal values and the ghosts of a more anachronistic past.