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How to Save a Constitutional Democracy

A New Edition for a Damaged Politics

Second Edition

Updated to take stock of recent developments, Tom Ginsburg and Aziz Z. Huq’s prescient and insightful book shows how constitutional rules both hinder and hasten democratic decline.

Around the world, autocratic leaders threaten the core structures of democratic self-rule. But democratic constitutions are not fail-proof safeguards. By looking at how such leaders exploit legal mechanisms to advance their aims, we can see how democratic constitutions can sometimes abet—and even accelerate—democratic decline. In this new edition of How to Save a Constitutional Democracy, constitutional law experts Tom Ginsburg and Aziz Z. Huq offer a powerful analysis of today’s challenges while arguing that the time has come for meaningful, actionable change.

This new edition takes up the torch of its predecessor, canvasing developments in the United States and other countries that have transpired since 2018. Drawing lessons from countries around the world and reflecting on the prospects for American democracy, the authors show how constitutional design can, in fact, either undermine or support democratic institutions. The sobering reality for the United States is that the Constitution’s design makes democratic erosion eminently feasible. But Ginsburg and Huq do not stop there. They suggest practical ways that law and constitutional design can better manage these mounting threats, analyzing constitutional and legal questions that are consequential yet poorly understood, all while cautioning against an overreliance on technocratic fixes.

Even more urgent and salient in its new edition, How to Save a Constitutional Democracy reflects on why autocrats tend to pose even greater danger the second time they come to power and asks how we can begin to repair a democracy that has failed.


344 pages | 3 halftones, 2 line drawings, 3 tables | 6 x 9 | © 2026

Law and Legal Studies: The Constitution and the Courts

Political Science: American Government and Politics, Public Policy

Reviews

“Extremely careful and evidence-based and yet it seeks to reach a broader audience—at a time when, as Huq and Ginsburg themselves note, a great deal of current political debate explicitly rejects the value of arguments and evidence of this kind.”

Jotwell | praise for the previous edition

“Drawing from their vast expertise in comparative constitutional design, Ginsburg and Huq . . . propose changes in US legal texts and jurisprudence that could close the gaps they identify.”

Law and Social Inquiry | praise for the previous edition

“Drawing expertly on examples from across the world, Ginsburg and Huq highlight the constitutional mechanisms by which democracies may be undermined—often by elected leaders themselves—in the contemporary era.”

Steven Levitsky, coauthor of "How Democracies Die" | praise for the previous edition

“A huge contribution to our understanding of how democracies erode and what institutional reforms would make it harder for authoritarian populists to entrench their power. It should be required reading for anybody who seeks to bolster the stability of embattled democracies around the world.”

Yascha Mounk, author of "The People vs. Democracy" | praise for the previous edition

Table of Contents

Preface
Acknowledgments

Introduction
1. Liberal Constitutional Democracy and Its Alternatives
2. Two Pathways from Liberal Constitutional Democracy
3. When Democracies Collapse
4. When Democracies Decay
5. Will American Democracy Persist?
6. Making Democratic Constitutions That Endure
7. Saving Democracy, American Style
Conclusion: On Fighting Democratic Erosion
Afterword: March 2026

Notes
Index

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