A constitutional crisis occurs when a legal issue arises that the constitution does not address or when two or more branches of government attempt to assert control over an issue. Countries have experienced such crises, including the US Civil War and the 2000 presidential election. Scandals and royal protocols can also cause crises, as seen with King Edward VIII’s abdication. When a crisis arises, it can be resolved through mutual agreement or lead to serious conflicts and even the dissolution of the government.
Countries are usually governed by a constitution which is meant to be the guiding document for all matters that are brought before the government. When a question or situation arises that does not seem to be solvable by the constitution or by the current legal system of the country, we speak of a constitutional crisis. Typically, a constitutional crisis occurs when a legal issue is presented that the constitution does not address, or when two or more branches within government attempt to assert control over an issue or situation.
Many countries around the world, including the United States, have experienced constitutional crises. The first US constitutional crisis was caused when individual states attempted to secede from the Union prior to the American Civil War. The US Constitution does not deal directly with whether or not a state can secede; however, once the states were prevented from succeeding by the use of force, the issue of secession was implicitly resolved. In more recent years, the 2000 presidential election itself has been called a constitutional crisis as Florida’s electoral votes were called into question, a situation that ultimately came to the United States Supreme Court to decide.
Even scandals and royal protocols have often led to a constitutional crisis. In 1936, King Edward VIII of the United Kingdom wished to marry Wallis Simpson, a divorced woman, which was not permitted under the terms of the monarchy. Eventually, King Edward VIII was forced to abdicate the throne to pursue marriage.
Germany faced a constitutional crisis when the government refused to comply with the countries Federal Constitutional Court ruling in 2009, which made gay marriage legal. In the German legal system there is a specific court, the Federal Constitutional Court, which has the task of ruling on questions of constitutionality. By refusing to implement the ruling, the other branches of government created a constitutional crisis.
When a constitutional crisis arises, it can be handled in several ways. In some cases, the government is able to resolve the issue between branches and reach a mutually acceptable agreement that resolves the issue. Unfortunately, in some cases, the crisis can lead to serious internal conflicts and even the dissolution of the government. In 1905, for example, the former United Kingdoms of Sweden and Norway became separate countries after continued conflict and tension caused then-King Oscar II to renounce his claim to the Norwegian throne and recognize Norway as a separate country and sovereign.
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