Constitutional Norms—Erosion, Sabotage, and Response

Abstract

This article explains the nature and constitutional role of norms and explores ways to respond to the challenges they face, which threaten the viability of democracy. Constitutional norms are informal unwritten rules embedded in the normative practices of officials and political leaders. The effect of departures from constitutional norms depends on the seriousness with which participants take responsibility for their practice. The article distinguishes norm infringers, who depart from norms but do not intentionally challenge them; norm entrepreneurs, who challenge the norm in hopes of reforming or replacing it; and norm saboteurs, who seek to deal a deathblow to the norm or the constitutional system of which it is a part. Responses appropriate to each kind of deviation are considered.