Cambridge Studies in the Theory of Democracy – serie

Supermajority rules govern many features of our lives in common: from the selection of textbooks for our children's schools to residential covenants, from the policy choices of state and federal legislatures to constitutional amendments. It is usually assumed that these rules are not only normatively unproblematic but necessary to achieve the goals of institutional stability, consensus, and minority protections. In this book, Melissa Schwartzberg challenges the logic underlying the use of supermajority rule as an alternative to majority decision making. She traces the hidden history of supermajority decision making, which originally emerged as an alternative to unanimous rule, and highlights the tensions in the contemporary use of supermajority rules as an alternative to majority rule. Although supermajority rules ostensibly aim to reduce the purported risks associated with majority decision making, they do so at the cost of introducing new liabilities associated with the biased judgments they generate and secure.

The political institutions under which we live today evolved from a revolutionary idea that shook the world in the second part of the eighteenth century: that a people should govern itself. Yet if we judge contemporary democracies by the ideals of self-government, equality and liberty, we find that democracy is not what it was dreamt to be. This book addresses central issues in democratic theory by analyzing the sources of widespread dissatisfaction with democracies around the world. With attention throughout to historical and cross-national variations, the focus is on the generic limits of democracy in promoting equality, effective participation, control of governments by citizens, and liberty. The conclusion is that although some of this dissatisfaction has good reasons, some is based on an erroneous understanding of how democracy functions. Hence, although the analysis identifies the limits of democracy, it also points to directions for feasible reforms.

Since ancient Athens, democrats have taken pride in their power and inclination to change their laws, yet they have also sought to counter this capacity by creating immutable laws. In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. Against those who would defend the use of 'entrenchment clauses' to protect key constitutional provisions from revision, Schwartzberg seeks to demonstrate historically the strategic and even unjust purposes unamendable laws have typically served, and to highlight the regrettable consequences that entrenchment may have for democracies today. Drawing on historical evidence, classical political theory, and contemporary constitutional and democratic theory, Democracy and Legal Change reexamines the relationship between democracy and the rule of law from a new, and often surprising, set of vantage points.

The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.

Supermajority rules govern many features of our lives in common: from the selection of textbooks for our children's schools to residential covenants, from the policy choices of state and federal legislatures to constitutional amendments. It is usually assumed that these rules are not only normatively unproblematic but necessary to achieve the goals of institutional stability, consensus, and minority protections. In this book, Melissa Schwartzberg challenges the logic underlying the use of supermajority rule as an alternative to majority decision making. She traces the hidden history of supermajority decision making, which originally emerged as an alternative to unanimous rule, and highlights the tensions in the contemporary use of supermajority rules as an alternative to majority rule. Although supermajority rules ostensibly aim to reduce the purported risks associated with majority decision making, they do so at the cost of introducing new liabilities associated with the biased judgments they generate and secure.

This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.

It is sometimes assumed that voting is the central mechanism for political decision-making. The contributors to this volume focus on an alternative mechanism, that is decision by discussion or deliberation. The original contributions include case studies based on historical and current instances of deliberative democracy, normative discussion of the merits of deliberation compared to other models of collective decision-making, and studies of the conditions under which it tends to improve the quality of decisions. This volume is characterized by a realistic approach to the issue of deliberative democracy. Rather than assuming that deliberative democracy is always ideal, the authors critically probe its limits and weaknesses as well as its strengths.

It is sometimes assumed that voting is the central mechanism for political decision-making. The contributors to this volume focus on an alternative mechanism, that is decision by discussion or deliberation. The original contributions include case studies based on historical and current instances of deliberative democracy, normative discussion of the merits of deliberation compared to other models of collective decision-making, and studies of the conditions under which it tends to improve the quality of decisions. This volume is characterized by a realistic approach to the issue of deliberative democracy. Rather than assuming that deliberative democracy is always ideal, the authors critically probe its limits and weaknesses as well as its strengths.

This book examines whether the mechanisms of accountability characteristic of democratic systems are sufficient to induce the representatives to act in the best interest of the represented. The first part of the volume focuses on the role of elections, distinguishing different ways in which they may cause representation. The second part is devoted to the role of checks and balances, between the government and the parliament as well as between the government and the bureaucracy. The contributors of this volume, all leading scholars in the fields of American and comparative politics and political theory, address questions such as, whether elections induce governments to act in the interest of citizens. Are politicians in democracies accountable to voters in future elections? If so, does accountability induce politicians to represent citizens? Does accountability limit or enhance the scope of action of governments? Are governments that violate campaign mandates representative? Overall, the essays combine theoretical discussions, game-theoretic models, case studies, and statistical analyses, within a shared analytical approach and a standardized terminology. The empirical material is drawn from the well established democracies as well as from new democracies.

This book examines whether the mechanisms of accountability characteristic of democratic systems are sufficient to induce the representatives to act in the best interest of the represented. The first part of the volume focuses on the role of elections, distinguishing different ways in which they may cause representation. The second part is devoted to the role of checks and balances, between the government and the parliament as well as between the government and the bureaucracy. The contributors of this volume, all leading scholars in the fields of American and comparative politics and political theory, address questions such as, whether elections induce governments to act in the interest of citizens. Are politicians in democracies accountable to voters in future elections? If so, does accountability induce politicians to represent citizens? Does accountability limit or enhance the scope of action of governments? Are governments that violate campaign mandates representative? Overall, the essays combine theoretical discussions, game-theoretic models, case studies, and statistical analyses, within a shared analytical approach and a standardized terminology. The empirical material is drawn from the well established democracies as well as from new democracies.

How much influence do citizens have to control the government? What guides voters at election time? Why do governments survive? How do institutions modify the power of the people over politicians? The book combines academic analytical rigor with comparative analysis to identify how much information voters must have to select a politician for office, or for holding a government accountable; whether parties in power can help voters to control their governments; how different institutional arrangements influence voters' control; why politicians choose particular electoral systems; and what economic and social conditions may undermine not only governments, but democracy. Arguments are backed by vast macro and micro empirical evidence. There are cross-country comparisons and survey analyses of many countries. In every case there has been an attempt to integrate analytical arguments and empirical research. The goal is to shed new light on perplexing questions of positive democratic theory.

The political institutions under which we live today evolved from a revolutionary idea that shook the world in the second part of the eighteenth century: that a people should govern itself. Yet if we judge contemporary democracies by the ideals of self-government, equality and liberty, we find that democracy is not what it was dreamt to be. This book addresses central issues in democratic theory by analyzing the sources of widespread dissatisfaction with democracies around the world. With attention throughout to historical and cross-national variations, the focus is on the generic limits of democracy in promoting equality, effective participation, control of governments by citizens, and liberty. The conclusion is that although some of this dissatisfaction has good reasons, some is based on an erroneous understanding of how democracy functions. Hence, although the analysis identifies the limits of democracy, it also points to directions for feasible reforms.

Is economic development conducive to political democracy? Does democracy foster or hinder material welfare? These two questions are examined by looking at the experience of 135 countries between 1950 and 1990. Descriptive information, statistical analyses, and historical narratives are interwoven to gain an understanding of the dynamic of political regimes and their impact on economic development and other aspects of material welfare. The findings, several most surprising, dispel any notion of a trade-off between democracy and development. Economic development does not generate democracies but democracies are much more likely to survive in wealthy societies. Political regimes have no impact on the growth of total national incomes, while political instability affects growth only in dictatorships. Per capita incomes grow faster in democracies since population increases faster under dictatorships. In general, political regimes have more of an effect on demography than on economics.

Is economic development conducive to political democracy? Does democracy foster or hinder material welfare? These two questions are examined by looking at the experience of 135 countries between 1950 and 1990. Descriptive information, statistical analyses, and historical narratives are interwoven to gain an understanding of the dynamic of political regimes and their impact on economic development and other aspects of material welfare. The findings, several most surprising, dispel any notion of a trade-off between democracy and development. Economic development does not generate democracies but democracies are much more likely to survive in wealthy societies. Political regimes have no impact on the growth of total national incomes, while political instability affects growth only in dictatorships. Per capita incomes grow faster in democracies since population increases faster under dictatorships. In general, political regimes have more of an effect on demography than on economics.

It is widely believed that autocratic regimes cannot limit their power through institutions of their own making. This book presents a surprising challenge to this view. It demonstrates that the Chilean armed forces were constrained by institutions of their own design. Based on extensive documentation of military decision-making, much of it long classified and unavailable, this book reconstructs the politics of institutions within the recent Chilean dictatorship (1973-1990). It examines the structuring of institutions at the apex of the military junta, the relationship of military rule with the prior constitution, the intra-military conflicts that led to the promulgation of the 1980 constitution, the logic of institutions contained in the new constitution, and how the constitution constrained the military junta after it went into force in 1981. This provocative account reveals the standard account of the dictatorship as a personalist regime with power concentrated in Pinochet to be grossly inaccurate.

This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.

Since ancient Athens, democrats have taken pride in their power and inclination to change their laws, yet they have also sought to counter this capacity by creating immutable laws. In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. Against those who would defend the use of 'entrenchment clauses' to protect key constitutional provisions from revision, Schwartzberg seeks to demonstrate historically the strategic and even unjust purposes unamendable laws have typically served, and to highlight the regrettable consequences that entrenchment may have for democracies today. Drawing on historical evidence, classical political theory, and contemporary constitutional and democratic theory, Democracy and Legal Change reexamines the relationship between democracy and the rule of law from a new, and often surprising, set of vantage points.

How much influence do citizens have to control the government? What guides voters at election time? Why do governments survive? How do institutions modify the power of the people over politicians? The book combines academic analytical rigor with comparative analysis to identify how much information voters must have to select a politician for office, or for holding a government accountable; whether parties in power can help voters to control their governments; how different institutional arrangements influence voters' control; why politicians choose particular electoral systems; and what economic and social conditions may undermine not only governments, but democracy. Arguments are backed by vast macro and micro empirical evidence. There are cross-country comparisons and survey analyses of many countries. In every case there has been an attempt to integrate analytical arguments and empirical research. The goal is to shed new light on perplexing questions of positive democratic theory.

What can we learn about democracy from the experience of post-Soviet Russia? What can we learn about the prospects for democracy in Russia from the experience of 'really existing democracies'? Must some 'pre-requisites', cultural or material, be fulfilled for democracy to become possible? This book examines the current state of Russia and the prospects for democracy, posing several challenges to our understanding of democracy. Thirteen contributors expand the debate over these questions, offering a variety of insights, interpretations, and conclusions vital to understanding the conditions of emergence and survival of successful democracies.