Seminar notes: Illiberal states

The rise of illiberal democracy (Zakaria)

Attempts to quantify

  • Freedom House
  • but what exactly is being measured?
  • where is Turkey?

Democracy can be used by undemocratic forces to gain power

Liberal democracy — constitutional liberty

  • free and fair elections

And

  • rule of law
  • separation of powers
  • basic liberties — of speech, assembly, religion and property

Today,

  • democracy is flourishing but constitutional liberalism is not
  • half of all democratizing countries are illiberal

1990s

  • great advances in democracy

But many new democracies restrict individual rights — like Iran

  • restrictions on speech
  • assembly
  • even dress

More

  • theocratic politics
  • eroding traditions of secularism
  • “if there were elections in Arab countries, the new regimes would be more illiberal than the undemocratic ones today”

Western examples too

  • Sweden restrict property rights — you can’t start your own hospital
  • France had a state monopoly on television
  • alcohol monopolies in lot’s of places
  • England has an established religion

Liberal constitutionalism — has a particular goal

  • protect an individual’s autonomy and dignity against coercion, whatever the source — state, church or society

Cf. US constitution:

  • checks and balances
  • equality under the law
  • impartial courts
  • separation of church and state

Historically, the factors most closely associated with liberal constitutionalism are

  • capitalism
  • a bourgeoisie
  • high per capita GDP

But the causality here is much debated

Constitutional liberalism can lead to democracy

  • this is the historical trajectory after all
  • but democracy does not lead to constitutional liberalism
  • a majority in power will not give rights to a minority

Democratic peace

is not actually democratic peace, but liberal peace

  • “without constitutional liberalism, democracy has no peace-inducing qualities”

Zakaria: We should not push elections to hard

  • it is liberal constitutionalism that really matters
  • protection of individual rights

Cf. “State-building” in developing countries

  • Westerners have encouraged strong states
  • too strong — too much of a threat to individuals

Constitutional government is a key to successful economic reform

US constitution

Ways in which the US constitution protects against majority rule

Federalism:

  • the division of power between the federal government and the states allows for a balance of power. This system ensures that local and state governments, which may be more responsive to the needs of smaller or regional minority groups, have significant powers, thereby preventing a centralized majority from dominating.

Separation of Powers:

  • the Constitution establishes three branches of government (executive, legislative, and judicial) with distinct powers and the ability to check and balance each other. This separation prevents any one branch, which might be controlled by a majority faction, from gaining too much power.

Bicameral Legislature:

  • the structure of Congress, with a House of Representatives based on population and a Senate with equal representation from each state, ensures that both populous and less populous states have a voice. This design prevents larger states from imposing their will on smaller ones.

The Bill of Rights:

  • the first ten amendments to the Constitution, known as the Bill of Rights, explicitly protect individual rights and liberties, such as freedom of speech, religion, and assembly, and guard against majority tyranny over these rights.

Electoral College:

  • the system for electing the president is not based purely on the popular vote but instead uses an Electoral College, where states’ votes are weighted. This system was partly designed to balance the interests of populous and less populous states.

Judicial Review:

  • the power of courts to declare laws unconstitutional acts as a check on the majority’s power, ensuring that even popular laws cannot violate individual rights as guaranteed by the Constitution.

Amendment Process:

  • the Constitution can be amended, but this process is deliberately difficult, requiring substantial agreement across various political bodies and states, thus preventing easy changes by transient majorities.

This is quite obviously undemocratic

Undemocratic liberalism

De Tocqueville

The “tyranny of the majority”

  • can impose itself on everybody else
  • democratically decide on rules that discriminate, or even terrorize, a minority

Aristocratic liberalism

  • warn against the “tyranny of the majority”
  • how the republican tradition is very exclusionary

Quote

  • “The democratic tendency… leads men unceasingly to multiply the privileges of the state and to circumscribe the rights of private persons… often sacrificed without regret and almost always violated without remorse… men become less and less attached to private rights just when it is most necessary to retain and defend what little remains of them.”

John Stuart Mill, On Liberty, 1859

  • afraid that the unwashed masses will take over
  • fear of “mass society”
  • but in favor of women’s right to vote

Quote

  • “The ‘people’ who exercise the power are not always the same people with those over whom it is exercised; and the ‘self-government’ spoken of is not the government of each by himself, but of each by all the rest. The will of the people, moreover, practically means the will of the most numerous or the most active part of the people; the majority, or those who succeed in making themselves accepted as the majority; the people, consequently, may desire to oppress a part of their number; and precautions are as much needed against this as against any other abuse of power.”

Cf. the traditional republican view:

  • social issues play no role in politics

The fear of class war — appropriation

  • the have-nots are many and the haves are few
  • the majority can enrich itself at the expense of the few
  • democracy makes this possible
  • no one can stop them

Today’s US:

“We are a republic, not a democracy”

  • civil liberties are basic, not the right to vote

Centralization of power

  • usurpation of all power
  • they can do anything they like since they represent the people

Presidents totally take over and start doing what they like

  • there is no check on them
  • they sidestep parliament

If there is a problem they appeal directly to the people

  • bypassing bargaining and coalition-building

Democracy and ethnic conflict

Elections too often mean that society is divided according to tribal lines

  • a majority ethnic group uses democracy in order to repress minority ethnic groups
  • little place for diversity

Cf. the electoral system in Northern Ireland

New Zealand

Electoral systems

Majoritarian system — first-past-the-post — winner-takes-all

  • suppresses minorities

Proportional representation

  • even smaller parties — ethnic groups — have a chance

Is this a contradiction in the US constitution?

  • Yes, it is
  • and don’t forget gerrymandering

Liberal Democracy (Parekh)

  • but in this clip he is actually talking about something else

Athenian democracy was not liberal democracy

  • this was the case with the US too

In European history:

  • liberalism preceded democracy by at least 200 years

Democracy had to adjust to liberalism

  • and not the other way around

Liberalism:

  • takes the individual as the starting-point
  • society was defined in terms of individuals — the sum total of all individuals
  • cf. Thatcher: “there is no such thing as society”

Individualism

  • the individual can be defined apart from society
  • cf. Rousseau: l’individu finding himself on his solitary walks

Actually a very novel and curious idea

  • has a particular history associated with the West

Principle of individuation:

  • where to draw the line between the individual and the surroundings?
  • for a medieval craftsman his tools where a part of him
  • Chinese people are a part of their families — relationalism
  • Hindus are a apart of the caste

Liberal individualism:

  • very austere and minimalist view

Features of the liberal individual:

  • leads a separate existence — Tocqueville — Americans living in the forest by themselves
  • distinct character, a unique someone
  • define your individuality in terms of your separateness
  • ontologically threatened if the personal sphere is invaded

The idea of individual rights:

  • politics is intended to protect the individual
  • like a wall around him or her

Kant on “enlightenment”

  • how we all start dependent
  • growing up is a matter of making ourselves independent
  • liberating ourselves from “our self-imposed immaturity”

Self-ownership

  • you can alienate your labor, but not yourself
  • we are not constituted by capacities, character, beliefs, goals and loyalties
  • but we choose them — they are external to us
  • they are not what we are, but things that we have

“Since the liberal view of the individual is conceptual prior to society, liberty is conceptually prior to morality.”

  • we cannot discuss ultimate goals
  • there is nothing that is best in itself
  • we are making our own choices about this
  • “a plurality of conceptions of the good”

Morality becomes a matter of what ends to choose

The question of interests

The state

  • seen as coercive, something individuals have to be protected from

The liberal state creates and maintains systems of rights that protect the individual

  • the state should maximize the liberty of its citizens and facilitate its goals — and this is not possible if the state pursues its own goals
  • we cannot agree on a shared conception of the good life
  • the state cannot chose the conception of one group over the conception of others

Taxation etc

  • the money individuals make belongs to them to do whatever they want with
  • the government cannot redistribute it
  • or use it for its own purposes

Cf. Robert Nozick

  • Anarchy, State and Utopia

What kind of democracy is possible in a liberal society?

  • classical, Greek, direct democracy is impossible

But some kind of democracy is required, and for two reasons

  1. no one can have authority over individuals — they must somehow give the law to themselves
  2. democracy becomes a way to control public authority — not a way of life, but a form of government

Thus, governments that undermine liberal rights

  • illiberal but also undemocratic

The process of democratization

Liberals for a long time very worried about a universal franchise

  • the great mass was poor and uneducated
  • what would stop them from using democracy to enrich themselves?

But countries in the process of democratizing often go to war a lot

  • war as a way to get the lower classes to agree to the agenda of the traditional elites
  • wars will make them rally behind the flag

Fear of “the crowd”

  • they were easily manipulated
  • all thought alike
  • the fear of “mass society”
  • the crowd thought together, not individually
  • no ability to reflect, irrational

Fear of …

  • conformism
  • collectivism
  • creativity and critical reflection threatened

The franchise had to be restricted somehow

  • protect the minority against the majority
  • plural votes for elites, property requirements, proportional representation

“Tyranny of the majority”

  • constitutionally guaranteed minority rights
  • elitist theories of representation and political parties
  • people shouldn’t actually be involved in politics
  • parliamentary as opposed to popular sovereignty

Representative government (Schumpeter)

  • in a democracy, people don’t rule — politicians rule
  • what is unusual is that we can get rid of them

Parekh: But what would happen if we put democracy first?

  • this is done differently in different countries

Western liberal democracy:

“It rightly fears unrestrained popular sovereignty but goes to the other extreme and disempowers the people. It rightly stresses the importance of non-political interests but fails to appreciate the true significance of public life”

Does liberal democracy have universal validity?

Democratic liberalism  — eg. Social Democracy

  • “establishes a healthier balance between the individual and the community, aims at a fairer distribution of the opportunities required for full citizenship, extends participation to major areas of economic and political life, and opens up new centers of power.”

Lot’s of societies with a strong sense of community

  • Banghladeshi man refused access to the UK since he declared his dead brothers children as his own
  • but they were!
  • he was barred from the UK for life

Muslim society

  • you don’t actually have a right to the money you make — some of it belongs to the community — to the poor
  • you must provide for people who are hungry and homeless
  • you have social obligations

Muslim societies:

  • some things are beyond criticism — they are sacred
  • cf. the burning of the Qur’an in Sweden
  • but in a more secular interpretation they are ways of keeping the community together

“Honor”

  • the behavior of my daughter or sister is not only hers, it belongs to the family
  • we should defend it and we have rights over her if she does not
  • Sweden: constant discussions of “honor killings”

Honor killings/ honor savings

  • looking after foreigners and guests
  • if you lose your honor you lose everything — your standing in society
  • you are a social being, not an isolated individual

Hospitality

  • Iran
  • Kurdistan

Central Asia

  • Nikolaj with his school class

Multi-cultural societies

Allowing different communities to be ruled by different civil codes

  • that is, the rights of communities are recognized
  • not everyone is directly subordinate to the state

This makes India into a very particular liberal democracy

  • cf. the dhimmi/millet system in Muslim empires

Parekh: The democratic part of liberal democracy has proven much more popular than the liberal

  • everyone is demanding democracy, not everyone demands liberalism
  • liberalism easily subverts what they considered most valuable
  • liberalism breaks up the community
  • isolates individuals
  • encourages selfishness and aggression

The UN declaration of Human Rights as a possible framework

  • negative rights
  • but positive too

Conundrum

If we are critical of the liberal emphasis on individualism, will we necessarily end up embracing an illiberal form of politics?

  • is it only liberalism what keeps us safe from dictatorship?

Russia

China

Singapore

Hungary

Turkey