Rule of law and democracy in times of transitory constitutionalism, constitutional polycrisis and emergency constitutionalism

Abstract

This chapter explores the interplay between transitory constitutionalism, constitutional polycrisis and emergency constitutionalism and their impact on democracy and rule of law. It shows that constitutional transitions may be much more complex than usually assumed in accordance with ‘democracy in transition’ and ‘democratic backsliding’ paradigms. The chapter suggests that we may be living in times of stabilization of transition into a new form of constitutionalism – transitory constitutionalism. In addition, the chapter explores the transformation of constitutional emergency into ‘new constitutional normalcy’ with a view to the multiple and overlapping crisis – financial, migration, security, pandemic etc. The interference between constitutional polycrisis and emergency constitutionalism produces a durable reshaping of rule of law and democracy putting liberal-democratic constitutionalism in a state of flux. The chapter explores the internal and external threats to democracy and rule of law and the global, technological and technocratic challenges to our constitutional orders that produce a transition towards global algorithmic technocracy.