Northern Ireland Legal Quarterly Advance Vol. 72 AD1 (2021): 33–62 Article DOI: 10.53386/nilq.v72iAD1.935 No tyranny for failing Donald Trump – sad! Law, constitutionalism and tyranny in the twenty-first century Aoife O’Donoghue* Durham Law School Correspondence email: aoife.o’
[email protected] ABSTRACT Donald Trump’s presidency resulted in several accusations of tyrannical intent. The end of his term of office, and particularly the rioting of 6 January 2021 and the denial of the presidential election results, did little to dispel those accusations. Tyranny, while perhaps not fashionable as a basis of analysis, has a long-intertwined relationship with law and constitutionalism. This article uses Donald Trump’s presidency to consider the relationships between tyranny, tyrannicide, law and constitutionalism. The article considers law and constitutionalism’s role in both preventing and advancing the advent of tyranny and examines their limitations in stopping tyrannical intent. Public contestation is put forward as an equally significant bulwark against the advent of tyranny, but also a space under tremendous pressure during Donald Trump’s presidency. Keywords: Donald Trump; tyranny; constitutionalism; contestation; impeachment; tyrannicide. INTRODUCTION yranny is always relevant to debates on political power. In recent Tyears, tyranny has been renewed as an analytical lens in ‘the West’, even though in reality seeing tyranny as newly relevant is a form of aphasia that ignores long-standing tyrannical regimes in the West (such as Belarus) and foundational tyrannical histories, especially in states with embedded imperial constitutions or founded on racial * Professor, Durham University (UK). My thanks to the School of Law, Queen’s University Belfast, for the invitation to give the Stephen Livingstone Lecture and for the comments and questions from the audience.