DEMOCRACY – A GOOD WORD FOR THE GOOD OLD WAY

Amidst the scramble for new-fangled forms of democracy, spare a thought for the excellence of the good old way.

Citizens elect representatives to make laws and oversee governance on their behalf. The simple design of representation by election is in fact a very smart arrangement, much smarter than is often appreciated. Is solves three problems in one go: a problem of power, a problem of size and a problem of quality.

Power. Since representatives are elected by citizens and can be deselected by them at the next election, they govern under popular control. We have one of the requirements of democracy: safe government. The problem of power is solved. The people hold power over those who exercise power over them.

Size. When the American republic was created, a way needed to be found to govern a large territory with the consent of the people who lived dispersed over that territory. The previous republican experience was that of cities governing themselves, such as in the Italian city states of the Renaissance. The previous democratic experience was that of direct democracy. Some of this could be replicated in America on the local level (and there was experience of direct town democracy before the consolidation of the federation) but a new model was needed for national (and state) government. The Founding Fathers settled for localities sending representatives to the capital to manage public affairs in the place of citizens themselves. The method of representation by election is an invention of the American Constitution. Without this invention we could not have had national democracies.

Quality. Governance should be safe but also effective. The representative method puts decision-making in good hands, which the direct democracy does not, and delegates the responsibility of decision-making to an assembly, which the autocratic method does not. One purpose of elections is to give us the opportunity to appoint those among us who are the more qualified to do the job. The advantage of decision-making by assembly is that it enables the institutionalisation of rules and procedures of good decision-making and that it offers the chance for proper deliberation. In an assembly of representatives who are more numerous than a small committee of like-minded apparatchiks, who are from different parts of the country and with different backgrounds and who are elected on different political platforms, there is a good chance that decisions will be tested by robust debate.

Although we must make the qualification that democracies always work imperfectly, sometimes very imperfectly, these are real benefits in the method of representation by election. That is a method we should not easily give up on, and one we should probably value more than we do.

DANGERS TO DEMOCRACY – ATHENIAN LESSONS

In the Agora Museum in Athens is a stone Stele of Democracy.  A relief shows the people of Athens under the protection of Democracy. A text is inscribed of a law forbidding the reintroduction of tyranny, both the act of rising up against the Demos and collaboration with would-be tyrants.

This law was passed in 337 B.C. as the short-lived democracy was coming to a final end after Athens had been defeated by Philip of Macedon. It stands as testimony to the Athenians’ understanding of both the value and difficulty of democracy. Without democracy there will be tyranny. The upholding of that protection is fraught with peril. Their forbidding of tyranny in law was a desperate attempt to salvage what could not be saved.

Democracy in Athens lasted only about 250 years. It was always imperfect and gave way several times in the process to autocracy in one form or another. It came about after a period of aristocratic excess, both in the exploitation of the populous and in feuding between aristocratic clans. What followed should perhaps be described as controlled aristocracy rather than democracy in a modern understanding. Nevertheless, for a while the Athenians (those who counted, obviously) mostly held tyranny at arm’s length.

The danger to that protection comes both from without and from within. By 337, the Athenians were no longer masters in their own house and in control of how they would be ruled. But their desperate law also show their awareness that internal forces may rise against popular rule if they can, and if so are likely to find followers in the population.

They had ample experience of internal danger. At least twice, defeats in foreign wars led to oligarchic revolutions. Another danger was the seduction of mobs by demagogues, i.e. a danger to democracy from within democracy itself. The philosopher Socrates was sentenced to death when some of those he had annoyed were able to persuade a jury of 500 citizens that he deserved to die for being a nuisance. That influenced his pupil Plato to make himself the founding philosopher of autocracy. In Euripides’ tragedy Orestes – about how a mob was whipped up to condemn a deluded man who had been seduced by the gods to kill his mother to death by stoning – Orestes says: “The people are to be feared when led by unscrupulous men.”

The Athenian Stele of Democracy identifies the danger to the people to be tyranny as the likely state of affairs in the failure of democracy. Dangers to democracy come from both internal and external sources. The internal dangers are usurpation of power by anti-democratic élites, collusion by opportunistic follower, and seduction of the populous by unscrupulous leaders.

So what else is new?

THE DANGER OF LANGUAGE

The Windrush scandal in Britain is a story of how the members of a group of the population during the last few years found themselves demoted to a state in which they could not sleep at ease at night out of fear that someone would come and take them away. The Windrush generation are the migrants from the British West Indies who brought their labour force to Britain after the Second World War, on British encouragement, both adults and children with their parents. (The Empire Windrush was a transport ship that brought the first contingent of organised migrants from Jamaica and other Caribbean islands in 1948.) They settled here, made their lives here and became British.

Recently, members of this group came under intense scrutiny from immigration authorities and many found their right to live in Britain questioned. They were harassed for documentation to prove their right to reside. They found documentation such as employment and tax and social security records, even passports, disbelieved. They were forced into bureaucratic nightmares to procure additional documentation, often at substantial financial cost. They were denied standard services, such as health care, or were forced to pay for normally free services. Some were detained, some lost jobs, some were deported or threatened with deportation, some denied travel on the threat of not being readmitted, some refused re-entry from abroad.

The refugee children scandal in the United States is a story children of migrants on America’s borders, whose right of entry were in question, having been forcefully separated from their parents. They have sometimes been detained in concentration camp like facilities in border areas, sometimes sent away to other parts of the country.

In retrospect, authorities in both countries have acknowledged that what happened was wrong, but what should not have been done was still done. In both these civilised democratic countries practices came into operation which we otherwise associate with totalitarian dictatorships. How could that have happened?

It happened, of course, because officials on the ground obeyed orders from above. It has sometimes been seen as a mystery that totalitarian dictators have been able to get officials to implement brutish oppression, but there is no mystery. When officials are embedded in bureaucratic structures of command and obedience, those in command can get almost any order obeyed. Officials may not like what they have to do, but it gets done.

But in these two stories, there has been something more to it than obedience. Officials have executed perceived orders with extraordinary and brutal zeal, even in the face of horrendous and irrational consequences. Hardly anyone in position of authority in the respective services seems to have raised any question or objection, at least on principle.

That kind zeal comes from something else than just orders, it comes from the language in which the orders are couched. Language of caution can influence officials to implement orders with common sense and flexibility. Language of aggression can bend them to bureaucratic insensitivity.

In both these stories, public policy went seriously off the rails. The reason for that is ultimately that leaders were aggressive with the language they used to promote and justify their policies. In Britain, then Home Secretary Theresa May announced that immigration policy should be designed to create a “hostile environment” for illegal immigrants, and made a great show of that hostility. Immigration officials took to looking for illegal immigrants behind every bush and turned on a minority of mostly poor and black citizens with rigid demands of proof of their legality. In America, President Trump has whipped up anti-immigration sentiments by speaking of immigrants as criminals, rapists, and as vermin infesting the country, and asked for zero tolerance in the implementation of policy. Immigration officials dispensed retribution against children, even down to taking infants and disabled children away from their mothers.

Public policy depends on leadership for good or bad direction. Language is powerful. It is a responsibility of leadership to use language with prudence. Aggressive language from up high is dangerous – not just careless but dangerous. We see that in these two stories. We have had leadership of terrible language. We have had administrative practices that belong in totalitarian dictatorships.

 

REFORM – THE IMPERATIVE NOW

All democracies are imperfect. They need constantly to be improved. Continuous and never-ending reform is part and parcel of the democratic enterprise.  If leaders and citizens think that their democracy has made it and found the Holy Grail, it is doomed.

There are two reasons behind the imperative to reform:

  1. Democracy is a process of trial and error. We must be sensitive to failures and mistakes and seek better ways. Circumstances change, for example in domestic economies or world affairs, and democratic governance must adjust.
  2. For confidence in democracy, citizens need to see that leaders are attuned to shortcomings and willing and able to work for improvements. They need to see that leaders deal with problems. Otherwise they will, with justification, see democratic governance to be incapable and gridlocked.

Professor Robert A. Dahl, in On Democracy (1998), recommend that democratic countries engage, every twenty years or so, in a thorough process of constitutional reform.

Democracy is now under threat. That goes to both values and capabilities. This misfortune (hopefully temporary) has many causes. One cause is a tendency to sclerosis in reform. If we look to the United States, to Britain, to other European democracies, to the European Union, we see dysfunctions not being dealt with. It is not dysfunction itself that is the rot, but that problems are not confronted and taken on. It is time for us in America, Britain and the EU to follow Professor Dahl’s advice and look very seriously into the ways we do governance.

The standard model today is representative democracy: citizens elect representatives to make and implement policies on their behalf. Reform can follow two paths. We can seek to repair what is deficient in the representative system, such as the organization of elections, the procedures of parliamentary decision-making, the methods for the nomination of candidates for election, the financing of candidacy and campaigns and the like. Or we can seek more far-reaching innovations towards alternative forms of democracy: participatory democracy, referendum democracy, deliberative democracy and the like.

These are not strictly alternative strategies, but there is a complicated dialectic between them. There is no known alternative to the representative system, but that system as we now see it operating on the ground needs pretty serious repair to regain credibility. If we concentrate on alternative innovations, there is a danger of making the perfect the enemy of the good. The search for alternative models can even contribute to further undermining the credibility of the representative system without offering any practical alternative.

Representative democracy is a model that has very much going for it. That needs to be preserved and improved, not replaced.

There is a back-to-basics message here. It would seem, as things now stand, that the recommended strategy of reform would be, first and basically, to improve the representative system, and then, on that basis, to think of innovations as add-ons in support of the representative system.

WHAT IS DEMOCRACY?

In a recent debate (at this event in Berlin), I and others were challenged to explain, no less, the meaning of democracy. I suggested a partial answer along three lines:

  1. Democracy is A PACT between the state and citizens in which the state makes two commitments, it promises citizens order and it promises to protect their liberty. Autocratic systems, even benevolent autocracies, if there is such a thing, can at best promise order, but always on the condition that citizens surrender their liberty. The democratic idea is audacious, the autocratic idea petty.
  2. Democracy is A CULTURE. A well functioning democracy is made up of a constitutional order that sits on a democratic culture. Constitutional order is necessary but not sufficient. The purpose of democracy is safe and effective rule. No constitution can provide for that without being embedded in a democratic culture. A democratic culture is one in which citizens and leaders support democratic ideas, values and practices and where these beliefs are upheld and transmitted from one generation to the next.
  3. Democracy is a continuous CONVERSATION between citizens and between citizens and leaders, based on freedom of information and assembly (the constitutional provision) and an inclination in the population to engage (the cultural predisposition). The object of this conversation is a workable (if moving) consensus on the rights and duties of the state and of citizens respectively.

It then follows that democracy can be constituted and work in very different ways from one country to another in the service of these purposes, depending on historical circumstances.

Democracy is now challenged on all three lines. Autocratic systems, such as in China, that do not recognise liberty and hence reject the double pact, are confident enough to claim moral superiority. In America and Britain, the Trump election and Brexit are symptoms of fractured democratic cultures. A consequence of fractured culture is that the conversation disintegrates into a shouting match of polarisation.

 

IDEOLOGY

When in Berlin, go to the German Historical Museum!

I work my way through its present exhibition on the Russian Revolution (the October 1917 one, that is) and its consequences. The terror and death that followed was of horrendous proportions. It’s a display of the destructive power of ideology. For Lenin and his followers, nothing was not permitted in the name of “the revolution.”

Revolution was possible in Russia because previous regimes had failed to democratise. Once in power, the Bolsheviks tried to export the revolution to the rest of Europe. But it was not wanted and was nowhere taken up where democracy was sufficiently vibrant to prevent it from being imposed from above.

Ideologies are belief systems that give meaning to history and destiny and that take hold with commanding strength. They are manmade, but then take on a force of their own. Leaders think they can use ideology as a tool, but once they have let the genie out of the bottle, they become enslaved by their own creation. It does not matter if the ideology is of the left or the right, it is ideology itself that is the evil force. Where ideology reigns, ends justify means.

Could social destruction under the force of ideology happen today? It is happening! In Venezuela, before our eyes, a rich economy is being destroyed, a democracy disestablished, and a civilised society torn apart. A regime is clinging to power for the sake of another “revolution.” It does not matter that the revolution is bringing devastation on to the country whose well-being is its purpose.

DECISION AND DELIBERATION

Decisions made by a democratic National Assembly (or Parliament or Congress) have democratic legitimacy. That’s what we want in a democracy, decisions that are valid because they are made democratically.

However, strangely enough, the democratic legitimacy of decisions correctly made can sometimes be a problem. Whatever the National Assembly decides, must be correct because it is democratic. If someone is able to get the National Assembly to make a decision in their favour, say in a matter of taxation, they have won, because the National Assembly has put the stamp of “democratic” on that decision.

One agent who has an interest in getting the National Assembly to make certain decisions is the government. Governments have agendas they want pushed through, and they want to do that with as little trouble as possible from the lawmakers. National Assemblies are therefore under pressure to produce certain decisions and to do so without resistance.

The potential problem here is that this may push the National Assembly into making badly planned decisions because the government is desperate to get those decisions made that it has promised the electorate and to get the Assembly’s stamp of “democratic” on them. Such bad decisions are a big problem: since they are democratic, it is very difficult to overturn them and the country is stuck with potentially serious consequences of mistaken decisions.

Such mistakes happen. A case in point is Brexit. Then Prime Minister Cameron was able to get Parliament to sanction a referendum in a quick and easy decision without giving him any trouble or resistance in the matter. That was clearly a mistake. The country is now tearing itself apart and is unable to extricate itself from the mistake that has fallen down upon it. (Although it is my belief that Parliament will eventually find a way of correcting this mistake, it is, as we are seeing, very difficult to overturn a decision that has the legitimacy of a referendum behind it.)

The lesson is that National Assemblies should be able to make good decision and protected from making bad ones. Their decisions should be democratic but they should also be good, productive and workable, and certainly not counterproductive.

National Assemblies need assistance to manage the difficult combination of democratic and productive decisions.

They need the assistance, first of all, of protective procedures. Procedure is a boring matter for those of us interested in politics, but terribly important. National Assemblies need to impose rules upon themselves whereby they force themselves to not making decisions without careful scrutiny of consequences. They must avoid knee-jerk decisions because such decisions are in high risk of being bad. They must give themselves time and they must take themselves through routines of scrutiny. The Brexit decision, for example, was taken by Parliament without any preliminary work on what the consequences might be, and we are now paying the price.

They need assistance, secondly, in knowing what is in the interest of the people. One might think a good way of doing that is to ask the people, for example in a referendum. But we now know, from modern psychological research (such as by Daniel Kahneman who won the Nobel Prize in Economics for his research), that this is too simple. You and I and all of us are prone to making mistakes about our own good because there are mechanisms of bias at work in our minds. Our instinctive preferences are not necessarily what we really want. It turns out that people often change their minds and correct their preferences if they are given the opportunity to reflect and work on them with some care.

From this, political scientists are concluding that the popular will is not something that just exists in the population but what emerges from what they call “deliberation.” The German theorist Claus Offe has suggested that National Assemblies should have the support of more sophisticated information about “the will of the people” than raw expressions of preferences. He suggests “deliberative panels” consisting of a random sample of the population – he calls them “citizen deliberators” – charged with working their way through appropriate procedures from raw preferences to “reflective preferences” in important political matters. He thinks the panels should be constituted by some kind of lot among all citizens, that their task would be to help both citizens and lawmakers to form considered judgements, and that their authority would be exclusively advisory for National Assemblies.

As often, original ideas on first encounter seem odd, but this suggestion is really quite common sense. The reason we have National Assemblies, is that in a big population we for practical reasons must appoint a sample of the population to make decisions for us. If preferences depend on deliberation, the same logic would apply to the pre-decision process of forming preference. We will not get proper deliberation unless we design proper procedures to do it.

As for additional panels to advise the National Assembly, that’s the rationale of for example the House of Lords in the British Parliament and of various other “upper houses” in other national legislatures. Offe’s idea is slightly different, in how the panels are made up and precisely what they would do, but the idea is much the same.