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Constitutional crisis


 

A constitutional crisis is a term used to describe a severe breakdown in the smooth operation of constitutional government. (Here, constitutional can refer to a written constitution, like the that of the U.S., or an unwritten constitution based on constitutional convention, like that of the U.K.) Generally speaking, a constitutional crisis is a situation in which separate factions within a government disagree about the extent to which each of these factions hold sovereignty. Most commonly, constitutional crises involve some degree of conflict between different branches of government (e.g., executive, legislature, and/or judiciary), or between different levels of government in a federal system (e.g., state and federal governments). Low-level disputes of this nature are commonplace in everyday government operation, and the point at which such a dispute becomes a constitutional crisis is difficult to define precisely. However, a good guideline is that a crisis occurs when one or more parties to the dispute refuses to recognize the right or power of another constitutional body to resolve or arbitrate the dispute.

Related Topics:
Constitution - Government - U.S. - Constitutional convention - U.K. - Sovereignty - Branches of government - Executive - Legislature - Judiciary - State

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A constitutional crisis may occur because one or more parties to the dispute willfully choses to violate a provision of a constitution or an unwritten constitutional convention, or it may occur when the disputants disagree over the interpretation of such a provision or convention. If the dispute arises because some aspect of the constitution is ambiguous or unclear, the ultimate resolution of the crisis often establishes a precedent for the future. For instance, the United States constitution is silent on the question of whether states are allowed to secede from the Union; however, after the secession of several states was forcibly prevented in the U.S. Civil War, it has become generally accepted that states cannot leave the Union.

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A constitutional crisis is distinct from a rebellion, which is defined as when factions outside of a government challenge that government's sovereignty, as in a coup or revolution led by the military or civilian protesters.

Related Topics:
Rebellion - Coup - Revolution

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A constitutional crisis can lead to government paralysis, collapse, or civil war.

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