This paper is concerned with the Convention’s “democracy clause,” that is Article 3 of Protocol No. 1, which provides for the right to free elections. Why should it be described as a “democracy clause” and what is its significance for today? The paper first sketches out the drafting history, which reveals that while the framers were keen to preserve their inherited domestic institutions, they also thought it crucial to promote democracy. The Convention invokes but does not define (...) democracy. It is within the Court’s competence to elucidate its meaning. The Court holds that pluralist democracy is the only system compatible with the Convention. This paper argues that Article 3 of Protocol No. 1 further presupposes a representative legislature. It does not require member states to introduce a specific system of elections and representation, but it obliges them to conform to parliamentary democracy. Thus, the Court’s model of democracy rests on two pillars: pluralism and parliamentarism. It subscribes to pluralist democracy theories but contradicts the monolithic conception endorsed by Carl Schmitt. The Court’s model has the potential to offer a robust account of democracy. Yet, Article 3 of Protocol No. 1 has never lived up to its potential. The Court’s relevant jurisprudence is inadequate to address the contemporary antidemocratic shifts that are underway in certain member states. Hence, the paper suggests that the Court’s power to apply this clause is not limited to general elections but also extends to presidential elections and referendums. (shrink)

Described both as "the Hobbes of our age" and as "the philosophical godfather of Nazism," Carl Schmitt was a brilliant and controversial political theorist whose doctrine of political leadership and critique of liberal democratic ideals distinguish him as one of the most original contributors to modern political theory.The Crisis of Parliamentary Democracy offers a powerful criticism of the inconsistencies of representative democracy. First published in 1923, it has often been viewed as an attempt to destroy parliamentarism; in (...) fact, it was Schmitt's attempt to defend the Weimar constitution. The introduction to this new translation places the book in proper historical context and provides a useful guide to several aspects of Weimar political culture.The Crisis of Parliamentary Democracy is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

Title: Political Theology Publisher: The MIT Press ISBN: 0262192446 Author: Carl Schmitt Title: The Crisis of Parliamentary Democracy Publisher: The MIT Press ISBN: 0262691264 Author: Carl Schmitt.

A recurring question within contemporary democratic countries relates to whether parliamentary immunity only serves to protect the interests of representatives, rather than the interests of those they were elected to represent. With every act that is suspected of being corrupt (for example, accepting a bribe in return for asking a question or delivering a speech in parliament, failure to declare campaign contributions, insider trading, nepotism etc.), or otherwise illegal (for example, defamation, drunk driving etc.), that is left unexamined by (...) the courts, the justifiability of parliamentary immunity is brought into question. The problem posed by parliamentary immunity is that it affords each representative greater scope to pursue their own personal and political interests, over and above that which is made possible simply by their position of influence. As citizens it is this undemocratic possibility that might incline us to wish for the immunity to be curtailed. The political pressure to circumscribe the immunity is given added impetus by the prevailing public perception that political corruption is widespread.1 Indeed it is increasingly evident that a growing number of countries have either already reduced the scope of parliamentary immunity or are considering doing so.2 The principal rationale behind this trend is that the only telling way to prevent the decision-making.. (shrink)

Analysing parliamentary references to the people, this book provides a more nuanced interpretation of eighteenth-century re-evaluations of democracy. It shows how interaction between parliamentarians and the public sphere in different political cultures produced more modern conceptions of the legitimacy of political power.

The quest for real democracy is one of the components of sustainable degrowth. But the incipient debate on democracy and degrowth suffers from general definitions and limited connections to political philosophy and democracy theory. This article offers a critical review of democracy theory within the degrowth literature, taking as its focal point a relevant debate between Serge Latouche and Takis Fotopoulos. We argue that the core of their contention can be traced back to the relationship between (...) the concepts of democracy and autonomy as defined by philosopher Cornelius Castoriadis, which both authors and generally the degrowth movement consider as one of their theoretical reference points. We show how both Latouche and Fotopoulos hold a misconception of Castoriadis' notions of autonomy, the social imaginary and politics, which in turn limits their cognisance of democracy and hence confuses their debate concerning the possibilities for a degrowth transition within the confines of a liberal parliamentary democracy. With a clarified theoretical understanding of the interconnected democracy-autonomy assemble, we proceed to an evaluation of the revolutionary potential of the degrowth movement and to a better understanding of a possible relationship between democracy and degrowth. (shrink)

The paper clarifies Havel’s perception of post-democracy through his various writings and speeches, in comparison with the concepts of post-democracy as proposed by C. Crouch, J. Rancière, R. Rorty, S. Wolin, J. Habermas, and Ch. Mouffe. Consequently, Havel’s critique of the then Western parliamentary democracy and the very essence of his notion of post-democracy will be thoroughly illuminated. The historical and intellectual circumstances that shaped his thinking on the topic will be analysed as well. Some (...) misinterpretations of Havel’s thinking that have emerged in the meantime will also be clarified. (shrink)

In representative democracies, referendum voting and parliamentary elections provide two fundamentally different methods for determining the majority opinion. We use three mathematical paradoxes – so-called majority voting paradoxes – to show that referendum voting can reverse the outcome of a parliamentary election, even if the same group of voters have expressed the same preferences on the issues considered in the referendums and the parliamentary election. This insight about the systemic contrarieties between referendum voting and parliamentary elections (...) sheds a new light on the debate about the supplementary value of referendums in representative democracies. Using this insight, we will suggest legal conditions for the implementation of referendums in representative democracies that can pre-empt the conflict between the two methods for determining the majority opinion. (shrink)

Deliberative democracy, as a dominant paradigm in contemporary democratic theory, offers a new, attractive conception of democratic legitimacy, which represents an alternative to a democracy that functions through the mechanism of political competition. A major problem with deliberation is the issue of its institutionalisation, as the theories of deliberative democracy have not produced a more specific institutional framework or form in which it could be used in political practice. Parliaments appear to be particularly suitable places for its (...) potential implementation. Moreover, deliberative democracy could contribute to a change in discourse quality and the way decision-making is conducted in parliaments, which is often considered problematic. Due to its incompatibility with competitive democracy, the opportunities for introducing deliberative democracy into parliaments are very limited. The study also outlines three ways of reconciling deliberative democracy and parliaments. (shrink)

Representation in the Anglo-American tradition has often been conceived in terms of the “refine and filter” model commonly associated with The Federalist. Gregory Conti challenges this concept of representation by bringing to light an alternative tradition of “mirroring” that preoccupied nineteenth-century British thinkers who were intent on parliamentary reforms. While Conti’s recovery of this “mirroring” tradition offers potentially useful insights for contemporary theorists of descriptive representation, it nonetheless hinges on an assumption that representative government is a qualitative matter of (...) deliberation rather than the purely quantitative voting that has come to the forefront with the rise of mass democracy. (shrink)

Somatic cell nuclear transfer (SCNT) remains a controversial technique, one that has elicited a variety of regulatory responses throughout the world. On March 29, 2005, Canada's Assisted Human Reproduction Act came into force. This law prohibits a number of research activities, including SCNT. Given the pluralistic nature of Canadian society, the creation of this law stands as an interesting case study of the policy-making process and how and why a liberal democracy ends up making the relatively rare decision to (...) use a statutory prohibition, backed by severe penalties, to stop a particular scientific activity. In this article, we provide a comprehensive and systematic legal analysis of the legislative process and parliamentary debates associated with the passage of this law. (shrink)

Although Merleau-Ponty’s early phenomenology of perception and his essays on art, politics, and language already showed an affinity between the aesthetic phenomena of expression and style and the political and cultural dynamics of society at large, this paper specifically focuses on his late theorizing of the notion of flesh and its relevance to his late understanding of politics and democracy. The emergence of flesh as a concept was contemporary to Merleau-Ponty’s break with Marxism as a philosophical model and with (...) revolutionary dialectics as a political project. It is by showing that such a break was consistently grounded on his theorizing of the being flesh of both the body and of society that this paper shows Merleau-Ponty’s unique contribution to democratic theory and to contemporary political philosophy. In the course of this analysis, it will become clear that in philosophically breaking with the position of a “no that is a yes”—i.e. the model of the revolution, which implies a total negation of the given that becomes a total affirmation of the new order (dictatorship) once in power—he would politically embrace the Weberian “heroic liberalism”—or his “non-communist left”—of parliamentary democracy. (shrink)

SummaryThis article offers a novel and comprehensive account of Walter Bagehot's political thought. It ties together an interpretation of Bagehot's liberal commitment to norms of discussion and deliberation, with an analysis of Bagehot's extensive arguments about the institutions of representative government. We show how Bagehot's opposition to American-style presidentialism, to parliamentary democracy, and to proportional representation were profoundly shaped by his conceptions of government by discussion, and the rule of public opinion. Bagehot's criticisms of English parliamentarianism, both of (...) its pre-1832 and post-1832 varieties were also motivated by those principles, as was his own proposal for parliamentary reform. By examining the whole range of Bagehot's writings on representative government and by connecting his institutional recommendations to his liberal principles, we are also able to better clarify Bagehot's position in Victorian political thought. The article concludes with a discussion of the debate leading up to the Second Reform Act, in which we elucidate Bagehot's disagreements with other prominent exponents of liberalism including John Stuart Mill, the “university liberals,” and Robert Lowe. (shrink)

What is the optimal political framework for environmental reform reform on a scale commensurate with the global ecological crisis? In particular, how adequate are liberal forms of parliamentary democracy to the challenge posed by this crisis? These are the questions pondered by the contributors to this volume. Exploration of the possibilities of democracy gives rise to certain common themes. These are the relation between ecological morality and political structures or procedures and the question of the structure of (...) decision-making and distribution of information in political systems. The idea of 'democracy without traditional boundaries' is discussed as a key both to environmentalism in an age of global ecology and to the revitalisation of democracy itself in a world of increasingly protean constituencies and mutable boundaries. (shrink)

'Deliberative politics' refers to the role of conversation and arguments in politics. Until recently discussion of deliberative politics took place almost exclusively among political philosophers, but many questions raised in this philosophical discussion cry out for empirical investigation. This book provides the first extended empirical study of deliberative politics, addressing, in particular, questions of the preconditions and consequences of high level deliberation. Using parliamentary debates in Germany, Switzerland, the United Kingdom and the United States as an empirical base, the (...) authors measure the level of deliberation by constructing a 'Discourse Quality Index'. As deliberative politics moves to the forefront of political theory, this book makes an important contribution to deliberative democracy. (shrink)

This study explores the individual-level activities of legislators in parliament, which have been largely ignored in the literature on parliamentary democracies. Individual legislators are extensively involved in parliamentary activities such as drafting private members’ bills and posing questions, even though these activities have only been considered to play marginal roles in parliamentary democracies. Moreover, their engagement varies significantly. By using unique data from Japan, this study demonstrates that the personal attributes of legislators affect their choice of (...) class='Hi'>parliamentary activities. Under electoral systems with intra-party competition, legislators use parliamentary activities as an important means to inform their constituents about what they can do for them and how they differ from other legislators. In elections, candidates cultivate personal votes by exploiting the image drawn from their personal attributes and, once elected, they behave in accordance with their attributes in order to maintain their electoral ground. Thus, they devote themselves to different activities in parliament. The data analyzed here support this argument. The results of empirical analyses show that legislators with local-level political experience engage in particularistic pork-barrel activities that will benefit their local interests, while legislators with legal-work experience allocate their time and energy to general policy-making activities that will enhance their public image and visibility as legal experts. (shrink)

In this essay, I attempt to measure various prevailing democratic theories against an argument that Carl Schmitt advances in the first chapter of his ‘Crisis of Parliamentary Democracy’. In practice, he claims there, democratic politics is compelled to introduce a distinction between ‘the will of the people’ and the behaviour of the empirical people, thus justifying the bracketing and unlimited suspension of the latter in the name of the former, even to the point of dictatorship. I argue that (...) no contemporary approach to democracy as a fundamental value is able to mount a compelling response to this critique and that we should therefore reconsider the status of democracy as a normative commitment. I proceed by carefully and closely reading Schmitt’s chapter and then by juxtaposing various currents of democratic theory (including liberal, deliberative, epistemic and various hybrids thereof) with the trajectory of Schmitt’s argument. This essay is therefore less of a contribution to Schmitt scholarship, in the sense that it does not take a panoramic view of his corpus to determine his final stance on democracy, and more of an intervention into contemporary democratic theory using Schmitt’s argument as a kind of lever. (shrink)

One of the most important postulates of Marxism-Leninism is the notion of the inseparability of the ideals of socialism and democracy. Today as in the past, the struggle of the working class of the capitalist countries is, in the final analysis, a struggle for genuine democracy, for democracy for those who work. But this struggle is effective only if the political consciousness of the exploited masses is permeated with the conviction that democracy in capitalist society is (...) one of the forms of political dominance by the bourgeoisie, that the transition from capitalism to socialism requires revolutionary establishment of socialist democracy, that the superiority of the democratic arrangements of real socialism over bourgeois parliamentary arrangement is indisputable. (shrink)

First published in 1987. The legal and political writings of the German Social Democrats Kirchheimer and Neumann, from the period prior to the National Socialist seizure of power, are little known to English readers. This volume presents a selection of important essays from this period, which focus on the prospects for the constitutional realization of a social democratic order in the first German Republic - the Weimar Republic, created out of the collapse of the monarchy in 1918, and destroyed by (...) the National Socialists in 1933. Both Kirchheimer and Neumann were active as lawyers in the later 1920s and early 1930s, the latter especially having a close connection with trade union legislation and labour law. From their viewpoint as Social Democrats and lawyers they present incisive analyses of the problems confronted by the attempt to realize the ideal of a social Rechtsstaat in a political environment increasingly dominated by forces on left and right which saw constitutional order only as a means to seize power, and not as a legitimate form of order in itself. In these circumstances, political issues translated into constitutional issues, and thus could be analysed in terms of the aims and objectives of a given constitutional order. A substantial introduction by the volume's editor, Keith Tribe, presents the political and theoretical background to these essays, which range over questions of industrial democracy, political representation, parliamentary rule and the role of judicial review. These issues are once more on the political agenda of Western industrial democracies, and the analyses of Kirchheimer and Neumann have lost none of their force and relevance, despite the catastrophic 'failure' of Weimar democracy in 1933. (shrink)

The goal of this dissertation is to generate a theoretical perspective and a political vocabulary capable of giving an account of political action proper in the context of modern democracy. The first step is that of tracing back to the origins of the theory and practice of modern democracy the appearance of the features that gave shape to the institutional constellation we now understand as democratic politics. This looking back from the perspective of the main institutions of contemporary (...) democracy is structured along the lines of the process that Lefort describes as a split of the theological and the political in early modern times. In Weber, this split takes the form of a multiplication and secularization of prophets, creating the need for a domesticated and democratized version of charismatic leadership that assumes normative standards in his idea of parliamentary democracy. Weber's solution is, of course, the opposite to that of Hobbes': the plurality of gods and demons manifested in the multiplication of prophets should be institutionalized, not eradicated. This dissertation shows that the breakdown of theological regimes and the birth of modern democracy is simply another way to describe the embracement of the fact of plurality. ;With Merleau-Ponty I thus give theoretical consistency to the emergence of modern democratic practices and institutions. In Habermas, on the other hand, I find the difficulties that a model that dismembers the strategic and communicative dimensions of human agency confronts when the task at hand is not that of a moral theory concerned with universal agreement but that of a political theory concerned with the socially enabled fact of plurality. Specifically, I show in my dissertation that Habermas's contempt for Austin's perlocutionary dimension of speech acts and his suggestion that Arendt's notions of action and speech are somehow parallel to his model spring from a still operating uneasiness with political speech and modern democracy in their phenomenal appearance. This dissertation concludes by showing that the theoretical consistency acquired with Merleau-Ponty does indeed provide a theoretical perspective and political vocabulary that puts in relief political action as a fundamental aspect of contemporary democratic politics. (shrink)

The Roman Catholic Church in Australia has lobbied politicians to prohibit embryonic stem cell research, on the grounds that such research violates the sanctity and inherent dignity of human life. I suggest, however, that reasoned reflection does not uniquely support such conclusions about the morality of stem cell research. A recent parliamentary standing committee report recommended that embryonic stem cell research be allowed to proceed in certain circumstances, and there appears to be widespread support in the Australian community for (...) this position. I argue that the moral value of democracy requires parliamentarians to acknowledge the informed views of the wider community here, and to resist lobbying by church leaders on this issue. (shrink)

This paper takes the recent French elections as an opportunity to reflect on the nature of the presidential function in parliamentary democracies. The discrepancy between the winning candidate's pre-election declarations and his actual approach to his new function reflects a fundamental divergence in the possible interpretations of political representation. This divergence was made fully explicit and came to a head in the debate that opposed the two great jurists of the Weimar Republic, Hans Kelsen and Carl Schmitt. This paper (...) suggests that revisiting this old polemic can yield interesting insights into the contemporary situation. (shrink)

Standard representative democracy is criticised on democratic grounds and the case is made for an alternative system of democratic governance. The paper discusses ways in which representative democracy falls short of the democratic ideal of self-governance. Referendum and initiative are examined as mechanisms that further self-governance, but are argued not to go far enough. Direct democracy is considered as an alternative to representative democracy, but the case is made that even on democratic grounds direct democracy (...) is unnecessarily demanding. It is argued that this is also the case with regard to Budge’s proposal for direct democratic governance, which retains a place for representation and for political parties. Real-time democracy is defended as a superior alternative. In real-time democracy, a voter’s vote is attached to an elected representative’s weighed parliamentary vote. The voter, however, is able to withdraw that vote and vote independently of her representative in parliamentary votes. (shrink)

This chapter examines a foundational democratic practice by considering how it expresses concepts of the Enlightenment. The practice is that of the vote or plebiscite as it appears in governance. The leading enlightenment concept is rationality as it is expounded by Kant. Kant did not participate in national democratic processes. He expected decisions of any consequence to be made in Berlin and thrived when his City was invaded by the Russians and their officers became his students, until they left suddenly (...) in 1762 (Kuehn, 2001, p.126). Kant participated in political debate where the issues were in the main constitutional and about the processes of government reform. He became known for his theory of natural law and the justification of positive law. He advocated the separation of powers, but denied the right of revolution. This latter onclusion was in apparent contradiction of his support for republicanism, including the French, English, and American revolutions (Beck, 1971, p.413). The term “republican” in Kant’s writings is sometimes interpreted to mean “parliamentary democracy”. This is probably a mistake, and Reiss suggests Kant’s term does not carry the “connotation” of modern Western democracy (Reiss's "Introduction" in Kant, 1991a, p.25). Kant himself wrote that he wanted to prevent “the republican constitution from being confused with the democratic one, as commonly happens” (Kant, 1991a, .100). So it is that, whilst Kant wrote about the interaction of morality and politics, he did not write on the topic of the present chapter which focuses on those mechanisms or mechanics that democracy displays when it works. (shrink)

Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure (...) rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny. (shrink)

From Machiavelli and Guicciardini to Gracián and Richelieu, secrecy is a defining element in the politics of reasons of state, in the art of simulation and dissimulation. These techniques were considered instrumental in order to procure the very survival of the state in situations of permanent emergency. From politics as a secret art centered on the prince’s cabinet, we move gradually along an historical and theoretical path. From English liberalism that places the parliament at the center of politics and the (...) French Enlightenment that exalted the capacity of reason to enlighten the mind and help humankind to leave the state of minority, we move toward democracy as public knowledge, as a ‘house of glass', exposed to the scrutiny and control of public opinion. It is nonetheless clear that neither the proto-liberal parliament nor the subsequent parliamentary democracies will ever become the ‘houses of glass' that democratic ideologies champion. This is true in the recent decades in which populism and demobilization of masses are changing the essence of democracy. (shrink)

In 1946 there were three democracies in the world with constitutions that, on the one hand, required the government to obtain the support of a legislative majority in order to come to and remain in power and, on the other hand, established a popularly elected president. In 2002, this number had grown to 25. Constitutions with this feature are often considered to be problematic, and, given the number of new democracies that have adopted them, have received considerable attention from political (...) scientists. The primary concern has to do with the potential for conflict between the assembly supported government and the popularly elected president, which may lead to unstable governments, policy paralysis, and the eventual undermining of the democratic regime. Concern has also been raised regarding the negative role a popularly elected president may have on party development and the that in a pure parliamentary democracy runs from voters to government through political parties. In this paper, we examine the effect the combination of assembly confidence with a popularly elected president has on government instability, accountability, legislative effectiveness, and democratic survival. We also examine the impact on these outcomes of different combinations of presidential powers. We find that the introduction of a popularly elected president in parliamentary constitutions is of little significant impact and that the preoccupation with the specific powers of the president is mostly overblown. (shrink)

“The political form at last discovered under which to work out the economic emancipation of labor.” With these words, Marx described the Paris Commune of 1871. It “was formed of the municipal councillors, chosen by universal suffrage in the various wards of the town, responsible and revocable at short term […] a working, not a parliamentary body, executive and legislative at the same time.” The political tradition of the Commune was inherited by the Russian soviets and inspired Lenin, who (...) explained the role of those governing bodies as a “reversion to primitive democracy.” Arthur Rosenberg, professor of Ancient History at Berlin University, tried in his book Democracy and Class Struggle in the Ancient World to offer historical ground for the ideas developed by Lenin in State and Revolution and compared ancient Athenian democracy to the contemporary German and Russian councils. During the 1920s, as a communist leader and MP, Rosenberg, recalling his ideas on Athenian democracy, criticized the political degeneration of the Russian workers’ State. He stressed how Soviet Russia, in limiting the power of the councils, had suppressed the governing body of socialist direct democracy. In his work Workers’ Councils, Dutch revolutionary Anton Pannekoek renewed Rosenberg’s criticism at the end of World War II, returning to the image of ancient democratic Athens as a forerunner of the socialist councils. (shrink)

Robert Alexy has argued that the democratic objection to judicial review of legislation can be successfully addressed by assuming that judges exercise a special form of argumentative representation. In this article we argue that Alexy does not explain (as he should) under what circumstances judicial review tends to produce better decisions than parliamentary procedure, nor does he explain how judicial review can have a greater intrinsic value than parliamentary procedure. Subsequently, we argue that the intrinsic value of argumentative (...) representation depends on the promotion of citizen deliberation, whereas its instrumental value depends on judges being committed to the rights of discrete and insular minorities in the face of hostile majorities. (shrink)

Whether or not Marxism leads straight to authoritarianism and the destruction of individual liberty is a question which has long exercised both theorists and politicians. This paper deals with a narrower, though related issue: Is Marxism actually reconcilable with radical democracy, the type of democracy advocated by those, including Marxists, who berate the iniquities and hypocrisy of parliamentary liberalism? The answer, according to my paper, is no. The Marxist tradition contains four characteristic features which tend to contradict (...) the participatory procedures most Marxists profess to desire. These features are: (1) the view of Marxism as a science, yielding objective solutions to social and political dilemmas; (2) the messianic aspiration for a society of perfect unity; (3) the belief that human rights are not independent moral norms but so much bourgeois ?ideological nonsense? (Marx), expressing the antagonistic relationships of the capitalist regime; and (4) hostility to the market mechanism, which results in a preference for a totally planned economy. Marxism, unless revised beyond recognition, would seem, paradoxically, to be more congruous with the élitist, constricted type of democracy we have in the West than with the more egalitarian mode of decision?making defended in the writings of Marx himself. (shrink)

Drawing on classic and contemporary scholarship and empirical analysis of elections and public expenditures in 80 countries, the author argues for the existence of primary and secondary laws of politics. Starting with how basic elements of politics-leadership, organization, ideology, resources, and force-coalesce in the formation of states, he proceeds to examine the operations of those laws in democracies and dictatorships. Primary laws constrain the support that incumbents draw from the electorate, limiting their time in office. They operate unimpeded in democracies. (...) Secondary laws describe the general tendency of the state to expand vis-à-vis economy and society. They exert their greatest force in one-party states imbued with a totalitarian ideology. The author establishes the primary laws in a rigorous analysis of 1,100 parliamentary and presidential elections in 80 countries, plus another 1,000 U.S. gubernatorial elections. Evidence for the secondary laws is drawn from public expenditure data series, with findings presented in easily grasped tables and graphs. Having established these laws quantitatively, the author uses Cuba as a case study, adding qualitative analysis and a practical application to propose a constitutional framework for a future Cuban democracy. Written in an engaging, jargon-free style, this enlightening book will be of great interest to students and scholars in political science, especially those specializing in comparative politics, as well as opinion leaders and engaged citizens. (shrink)

This article responds to critical reflections on my Beyond Presidentialism and Parliamentarism by Sarah Birch, Kevin J. Elliott, Claudia Landwehr and James L. Wilson. It discusses how different types of representative democracy, especially different forms of government (presidential, parliamentary or hybrid), can be justified. It clarifies, among other things, the distinction between procedural and process equality, the strengths of semi-parliamentary government, the potential instability of constitutional designs, and the difference that theories can make in actual processes of (...) constitutional reform. (shrink)

Through a study of Gandhian political writings in mid-twentieth-century India, this article explores the neglected question of how the issue of representative democracy shaped anticolonial thought. The rise of a Gandhian perspective on electoral representation was made possible by the account of modern democracy given in Gandhi’s "Hind Swaraj" (1909). From the 1930s, four key Indian thinkers influenced by Gandhi expanded on "Hind Swaraj" to argue that capitalist economics were a threat to democratic equality and produced the kinds (...) of unaccountability and elite capture of legislatures that they identified in Western European parliamentary states. In response, Gandhian thinkers developed proposals for federalist postcolonial constitutions, combining a system of participatory legislative councils with collectivist agrarian socialism. I trace the intellectual origins of Gandhian democratic thought in the 1930s and 1940s and outline how its main proponents articulated ideas of antiparliamentarism and moral economics. Revisiting the Gandhian tradition, I suggest, highlights the importance of economic ethics in participatory theories of democracy and popular sovereignty. (shrink)

John Dewey’s stay in Tokyo in early 1919 coincided with the height of the social movement calling for parliamentary democracy in Japan. His lectures at Tokyo Imperial University offered a new way of viewing the world and human actions that emphasizes the importance of communication and the growth of democratic personality. Those who expected to hear from him something else were disillusioned. But the disillusionment was mutual. Dewey was disillusioned by the Japanese intellectuals whose affection for European philosophy (...) led them to an uncritical acceptance of the emperor system and Japan’s imperialism abroad. His criticism toward the Japanese intellectuals grew severe as he saw the Japanese aggression while he was on the continent. Dewey’s lecture on democracy left some impact on a few of intellectuals who modified their view of person’s actions that was eventually to be crashed when Japan fell into the all-out war-making. (shrink)

This paper critically compares a deliberative system based on parliamentary elections (an electoral system) and a deliberative system based on sortition (a lottocratic system). Both systems are analyzed in three dimensions. The epistemic dimension concerns the rational quality of the democratic process. The power dimension concerns the distribution of power and the extent to which citizens genuinely control all decisions. The motivational dimension, finally, concerns citizens’ identification with the decision-making process and their willingness to abide by its outcomes. We (...) argue that an electoral system is, in all three dimensions, normatively superior to a sortition-based system. Most prominently, we claim that electoral mechanisms provide visibility to the decision-making process. This enables a form of interactive representation in which citizens and their representatives engage in a joint process of opinion and will formation. Sortition, in contrast, is characterized by a democratically much poorer form of descriptive representation. The selected citizens are a representative sample of the wider citizenry, but they deliberate in a forum that remains mostly disconnected from that wider citizenry and therefore cannot shoulder the process of collective self-government. (shrink)

This article uses the lens of deliberative democracy to examine the argument of the permanent minority as a possible ground for secession. According to this argument, Catalans are permanent minorities which, under no circumstances, could obtain the parliamentary majorities that would enable them to secede. Historically, this fact has created the conditions for sustained abuse. Nowadays, it prevents the success of secession processes which leaves Catalans with no alternative but to circumvent democratic means. The article concludes that this (...) argument is either incompatible with deliberative democracy or collapses into an argument that justifies secession as reparation. The argument goes like this: if the interests of the minority have been adequately considered in a deliberative process, the decisions of the majority are justified and thus do not generate a right to secede; if those interests have been ignored, the decisions fail to meet the deliberative standards and generate a remedial right to secession. (shrink)

This article investigates the relationship between popular sovereignty, populism, and deliberative democracy. My main thesis is that populisms resurrect the polemical dimension of popular sovereignty by turning “the people” against the “powerbloc” or the “elite”, and that it is crucial thatthis terrain not be ceded to authoritarian distortions of this basic contestatory grammar. Furthermore, I contend that populist forms of politics are compatible with a procedural and deliberative conception of democracy. Ifirst engage with the assumption that populism and (...) a procedural model of democracy are incompatible, demonstrating that this assumption relies on a conservative bias which tiesthe exercising of communicative power to a “duty of civility”. I then engage with radical-democratic reconstructions of the procedural notion of popular sovereignty which emphasize the unleashing and diversification of peoplehood in communication circuits and the mutual permeability of constitutional politics, parliamentary legislation, and the public sphere. Thirdly, I conclude that populisms are an essential part of communicative power in modern democracies and part of its dialectical structure. (shrink)

This paper seeks to address research governance by highlighting the notion of public accountability as a complementary tool for the establishment of an ethical resonance space for emerging technologies. Public accountability can render development and design process of emerging technologies transparent through practices of holding those in charge of research accountable for their actions, thereby fostering ethical engagement with their potential negative consequences or side-effects. Through practices such as parliamentary questions, audits, and open letters emerging technologies could be effectively (...) rendered transparent and opened up to broader levels of scrutiny and debate, thereby contributing to a greater adherence of emerging technologies to ethics and moral consensus. Fundamental democratic practices could thus not only lead to better informed choices in design and development processes, but also contribute to more morally substantive outcomes. (shrink)