Week #1 after Trump

von Maximilian Steinbeis

Dear Friends of Verfassungsblog,

I will not bore you with yet another account of how stunned I still am and how I shake in my booths now and so forth. We all do, I suppose. The world has changed over night, quite literally. And the world we woke up in on Wednesday morning appears to be a far less habitable place for liberal constitutionalists who believe that state and society should respect human dignity, protect the vulnerable, overcome discrimination and impose on their own power those legal restraints that empower them in the first place.

How could this happen? What did we do wrong? What can we do now? Shall we stand our ground or adapt?

In my last email, I invited you to share your thoughts on these questions, and many of you did. How could this happen? „Neo-liberalism’s chickens have come home to roost“, writes DAVID ABRAHAM – a „crisis of representation“ is taking place in the US, not (yet) a constitutional crisis. According to CORMAC MAC AMHLAIGH, a „tendency to view constitutional politics, to borrow Goethe’s metaphor, as architecture rather than music“ is to blame; „as fixed and immutable rather than a dynamic phenomenon which requires the ongoing assertion and reassertion of the key values and terms of engagement of our mutual interaction with each other and with authority.“

What can we do now? Go local, says MASSIMO FICHERA. Embrace popular constitutionalism, says MATEJ AVBELJ. See the big picture and ride the constitutional moment in both the European Union and the UK, says LORENZO ZUCCA. Withstand the pull of popular jurisdiction, pleads FRANK CRANMER. Most of all, don’t panic, recommends ROB HOWSE in his 13 provocative theses on Trump and liberal democracy ...

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