Antidotes to abusive constitutionalism: miniconstitutions

Abusive constitutionalism undermines the liberal content of democracy, turning it more autocratic. Unger’s idea of miniconstitutions, as temporary and experimental special regimes, conditioned to a democratically supervised ad hoc government branch, might be able to neutralize abusive constitutionalism. Miniconstitutions could protect the Constitution by appealing to mandatory practices of tested, time-diluted constitutional reforms, whose procedures and outcomes could be submitted to democratic scrutiny through plebiscites, referends, trans-federal consortiums and independent, supervisory institutions with elected members representing minorities, pressure groups and representatives of the constituted powers. Thus, miniconstitutions, by acting as similar to constitutional amendments, conditioned, experimented and democratically validated could, ultimately, be possible antidotes to practices of abusive constitutionalism.