Constitutional Crisis or Constitutional Moment? — Defining Democratic Emergencies

Welcome to the Legal Ledger. In recent years, the phrase “constitutional crisis” has become a constant refrain in our political discourse. From Washington to Westminster, from Jerusalem to Canberra, foundational norms appear to be under stress. But are we witnessing the breakdown of constitutional orders, or their radical transformation? Are these moments of crisis, or are they something else—what Yale scholar Bruce Ackerman famously termed “constitutional moments”? Today, we will dissect these critical concepts, exploring the anatomy of democratic emergencies to understand when a system is breaking, and when it is being remade.