Sujit Choudhry Comments on the Political Climate

Sujit Choudhry is a respected international scholar whose studies focus more on comparative constitutional law and politics. Some of the topics he dwells more in include constitutional design as a tool in managing the transition of violent democratic politics to peaceful democratic politics, constitutional design in societies that are ethnically divided, federalism, decentralization, and secession, constitutional courts and transitional justice, official language policy, and bill of rights among other issues. Mr. Choudhry also took part in writing the Canadian constitutional law. One of his most recent publications is a chapter in the Constitutional Democracies in Crisis.

In the book, Sujit Choudhry digs more into a tweet by Eric Holder, former Attorney General in the administration of President Barrack Obama. His tweet was published in December 2007. In the tweet, Mr. Holder warned against the termination of Robert Muller, White House Special Counsel. He termed the termination as an “absolute red line” that should not be crossed. He went ahead and asserted that if anything happened they were going to hold peaceful demonstrations.

Sujit Choudhry analyzed the tweet and explained that the call to action by Eric Holder was based on two concepts namely being symbolic, “red line” or uncontroversial constitutional boundary in America and allowing the people of America to decide whether government officials have misused their authority and have disobeyed the law (

Mr. Choudhry identified that the tweet was centered on the “constitutional self-enforcement basis developed on the focal line concept.” Since the constitution guides government officials and citizens about behavior of public authority by using constitutional rules, Holder wanted the people of America to decide whether Muller was to be suspended from his duties or not. Moreover, Mr. Choudhry noted that the violation of such constitutional rules did not warrant the court to tag them as that. Sujit Choudhry was also surprised at Holder’s tweet since Eric Holder who was once a top law enforcement officer did not state any legal claim to challenge the termination of Muller from office. Mr. Choudhry also identified the limitation of the presidential terms to only two years is also an example of a focal point.

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