Constitutional limits on government in the context of "Illiberal democracy"

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⭐ Core Definition: Constitutional limits on government

Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".

Political organizations are constitutional to the extent that they "contain institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry, including those that may be in the minority". As described by political scientist and constitutional scholar David Fellman:

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Constitutional limits on government in the context of Illiberal democracies

An illiberal democracy is a governing system that "hides its nondemocratic practices behind formally democratic institutions and procedures". While there is no universal consensus on its precise definition, the term broadly describes governments that present themselves as liberal democracies while subtly suppressing opposing views. It is heavily debated on whether it is a 21st-century form of fascism, as it maintains electoral democracy while employing state power for largely nationalistic, anti-minority, and anti-freedom purposes, often under the leadership of dominant figures and their close associates.

The rulers of an illiberal democracy may disregard, circumvent, or undermine constitutional limits on their power. Whereas liberal democracies safeguard individual rights and freedoms, illiberal democracies may fail to do so, or such rights may be significantly restricted or gradually eroded. Elections in an illiberal democracy are often manipulated, rigged, or lopsided, whether overtly or subtly, legitimising and consolidating the incumbent rather than genuinely choosing the country's leaders and policies. Illiberalism rejects rational discourse, instead promoting intolerance, fear of difference, the cult of force, discipline, and moral authority. Illiberal constitutions are generally anti-pluralist and anti-institutionalist.

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