the original file of the article I have to read this week.
the american diplomat Richard Holbrooke pondered a problem on the eve of the September 1996 elections in Bosnia, which were meant to restore civic life to that ravaged country.
“Suppose the election was declared free and fair," he said, and those elected are "racists, fascists, separatists, who are publicly opposed to [peace and reintegration]. That is the dilemma," Indeed it is, not just in the former Yugoslavia, but increasingly around the world. Democratically elected regimes, often ones that have been reelected or reaffirmed through referenda, are routinely ignoring constitutional limits on their power and depriving their citizens of basic rights and freedoms. From Peru to the Palestinian Authority, from Sierra Leone to Slovakia, from Pakistan to the Philippines, we see the rise of a disturbing phenomenon in international life - illiberal democracy.
It has been difficult to recognize this problem because for almost a century in the West, democracy has meant liberal democracy - a political system marked not only by free and fair elections, but also by the rule of law, a separation of powers, and the protection of basic liberties of speech, assembly, religion, and property.
In fact, this latter bundle of freedoms - what might be termed constitutional liberalism - is theoretically different and historically distinct from democracy. As the political scientist Philippe Schmitter has pointed out, "Liberalism, either as a conception of political liberty, or as a doctrine about economic policy, may have coincided with the rise of democracy. But it has never been immutably or unambiguously linked to its practice"
Today the two stands of liberal democracy, interwoven in the Western political fabric, are coming apart in the rest of the world. Democracy is flourishing constitutional liberalism is not.
Today, 118 of the world’s 193 countries are democratic, encompassing a majority of its people (54.8%, to be exact), a vast increase from even a decade ago. In this season of victory, one might have expected Western statesmen and intellectuals to go one further than E.M.Foster and give a rousing three cheers for democracy.
Instead there is a growing unease at the rapid spread of multiparty elections across south-central Europe, Asia, Africa, and Latin America, perhaps because of what happens after the elections. Popular leaders like Russia’s Boris Yeltsin and Argentina’s Carlos Menem bypass their parliaments and rule by presidential decree, eroding basic constitutional practices. The Iranian parliament - elected more freely than most in the Middle East - imposes harsh restrictions on speech, assembly, and even dress, diminishing that country’s already meager supply of liberty. Ethiopia’s elected government turns its security forces on journalists and political opponents, doing permanent damage to human rights (as well as human beings).
Naturally there is a spectrum of illiberal democracy, ranging from modest offenders like Argentina to near-tyrannies like Kazakstan and Belarus, with countries like Romania and Bangladesh in between. Along much of the spectrum, elections are rarely as free and fair as in the West today, but they do reflect the reality of popular participation in politics and support for those elected. And the examples are not isolated or atypical. Freedom Houses’s 1996-97 survey, Freedom in the World, has separated rankings for political liberties and civic liberties, which correspond roughly with democracy and constitutional liberalism, respectively. Of the countries that lie between confirmed dictatorship and consolidated democracy, 50% do better on political liberties than on civil ones. In other words, half of the “democratizing” countries in the world today are illiberal democracies.
Illiberal democracy is a growth industry. Seven years ago only 22% of democratizing countries could have been so categorized; five years ago that figure had risen to 35%. And to date few illiberal democracies have matured into liberal democracies; if anything, they are moving toward heightened illiberalism. Far from being a temporary or transitional stage, it appears that many countries are settling into a form of government that mixes a substantial degree of democracy with a substantial degree of illiberalism. Just as nations across the world have become comfortable with many variations of capitalism, they could well adopt and sustain varied forms of democracy. Western liberal democracy might prove to be not the final destination on the democratic road, but just one of many possible exits.
DEMOCRACY AND LIBERTY
FROM THE TIME OF Herdotus democracy has meant, first and foremost, the rule of the people. This view of democracy as a process of selecting governments, articulated by scholars ranging from Alexis de Tocqueville to Joseph Schumpeter to Rober Dahl, is now widely used by social scientists. In THE THIRD WAVE, Samuel P.Huntington explains why:
Elections, open, free and fair, are the essence of democracy, the inescapable sine qua non. Governments produced by elections may be inefficient, corrupt, shortsighted, irresponsible, dominated by special interests and incapable of adopting policies demanded by the public good. These qualities make such governments undesirable but they do not make them undemocratic. Democracy is one public virtue, not the only one , and the relation of democracy to other public virtues and vices can only be understood if democracy is clearly distinguished from the other characteristics of political systems.
This definition also accords with the commonsense view of the term. If a country holds competitive, multiparty elections, we call it democratic. When public participation in politics is increased, for example through the enfranchisement of women, it is seen as more democratic. Of course elections must be open and fair, and this requires some protections for freedom of speech and assembly. But to go beyond this minimalist definition and label a country democratic only if it guarantees a comprehensive catalog of social, political, economic, and religious rights turns the word democracy into a badge of honor rather than a descriptive category. After all, Sweden has an economic system that many argue curtails individual property rights, France until recently had a state monopoly on television, and England has an established religion. But they are all clearly and identifiably democracies. To have democracy mean, subjectively, “a good government” renders it analytically useless.
Constitutional liberalism, on the other hand, is not about the procedures for selecting government, but rather government’s goals. It refers to the tradition, deep in Western history, that seeks to protect an individual’s autonomy and dignity against coercion, whatever the source - state, church or society.
The term marries two closely connected ideas. It is liberal because it draws on the philosophical strain, beginning with the Greeks, that emphasizes individual liberty.
It is constitutional because it rests on the tradition, beginning with the Romans, of the rule of law. Constitutional liberalism developed in Western Europe and the United States as a defense of the individual’s right to life an property, and freedom of religion and speech.
To secure these rights, it emphasized checks on the power of each branch of government, equality under the law, impartial courts and tribunals, and separation of church and state. Its canonical figures include the poet John Milton, the jurist William Blackstone, statesmen such as Thomas Jefferson and James Madison, and Philosophers such as Thomas Hobbes, John Locke, Adam Smith, Baron de Montesquieu, John Stuart Mill, and Isaiah Berlin. In almost all of its variants, constitutional liberalism argues that human beings have certain natural (or “inalienable”) rights and that governments must accept a basic law, limiting its own powers, that secures them. Thus in 1215 at Runnymede, England’s barons forced the king to abide by the settled and customary law of the land. In the American colonies these laws were made explicit, and in 1638 the town of Hartford adapted the first written constitution in modern history. In the 1970s, Western nations codified standards of behavior for regimes across the globe. The Magna Carta, the Fundamental Orders of Connecticut, the American Constitution, and the Helsinki Final Act are all expressions of constitutional liberalism.
THE ROAD TO LIBERAL DEMOCRACY
Since 1945 Western government have, for the most part, embodied both democracy and constitutional liberalism. Thus it is difficult to imagine the two apart, in the form of either illiberal democracy or liberal autocracy.
In fact both have existed in the past and persist in the present. Until the twentieth century, most countries in Western Europe were liberal autocracies or , at best, semi - democracies.
The franchise was tightly restricted, and elected legislatures had little power. In 1830 Great Bratain, in some ways the most democratic European nation, allowed barely 2% of its population to vote for one house of Parliament; that figure rose to 7% after 1867 and reached around 40% in the 1880s. Only in the late 1940s did most Western countries become full-fledged democracies, with universal adult suffrage. But one hundred years earlier, by the late 1840s, most of them had adopted important aspects of constitutional liberalism - the rule of law, private property rights, and increasingly, separated powers and free speech and assembly. For much of modern history, what characterized government in Europe and North America, and differentiated them from those around the world, was not democracy but constitutional liberalism. The “Western model” is best symbolized not by the mass plebiscite but the impartial judge.
The recent history of East Asia follows the Western itinerary. After brief flirtations with democracy after World War II, most East Asian regimes turned authoritarian. Over time they moved from autocracy to liberalizing autocracy, and , in some cases, toward liberalizing semi-democracy. Most of the regimes in East Asia remain only semi-democratic, with patriarchs or one-party systems that make their elections ratifications of the power rather than genuine contests. But these regimes have accorded their citizens a widening sphere of economic, civil, religious, and limited political rights. As in the West, liberalization in East Asia has included economic liberalization, which is crucial in promoting both growth and liberal democracy.
Historically, the factors most closely associated with full-fledged liberal democracies are capitalism, a bourgeoisie, and a high per capita GNP.
Today’s East Asian governments are a mix of democracy, liberalism, capitalism, oligarchy, and corruption - much like western government circa 1900.
Constitutional liberalism has led to democracy, but democracy does not seem to bring constitutional liberalism. In contrast to the Western and East Asian paths, during the last two decades in Latin America, Africa, and parts of Asia, dictatorships with little background in constitutional liberalism have given way to democracy.
The results are not encouraging. In the western hemisphere, with elections having been held in every country except Cuba, a 1993 study by the scholar Larry Diamond determined that 10 of the 22 Principal Latin American countries “have levels of human rights abuse that are incompatible with the consolidation of [liberal] democracy.”
In Africa, democratization has been extraordinarily rapid. Within six months in 1990 much of Francophone Africa lifted its ban on multiparty politics. Yet although elections have been held in most of the 45 sub-Sahara states since 1991 (18 in 1996 alone) , there have been setbacks for freedom in many countries. One of Africa’s most careful observers, Michael Chege, surveyed the wave of democratization and drew the lesson that the continent had “overemphasized multiparty elections… and correspondingly neglected the basic tenets of liberal governance.”
In Central Asia, elections, even when reasonably free, as in Kyrgyzstan and Kazakstan, have resulted in strong executives, weak legislatures and judiciaries, and few civil and economic liberties.
In the Islamic world, from the Palestinian Authority to Iran to Pakistan, democratization has led to an increasing role for theocratic politics, eroding long-standing traditions of secularism and tolerance. In many parts of that world, such as Tunisia, Morocco, Egypt, and some of the Gulf States, were elections to be held tomorrow, the resulting regimes would almost certainly be more illiberal than the ones now in place.
Many of the countries of central Europe, on the other hand, have moved successfully from communism to liberal democracy, having gone through the same phase of liberalization without democracy as other European countries did during the nineteenth century. Indeed, the Austro-Hungarian empire, to which most belonged, was a classic liberal autocracy. Even outside Europe, the political scientist Myron Weiner detected a striking connection between a constitutional past and a liberal democratic present. He pointed out that, as of 1983, “every single country in the Third World that emerged from colonial rule since the Second World War with a population of at least one million (and almost all the smaller colonies as well) with a continuous democratic experience is a former British colony. ”
Britain’s legacy of law and administration has proved more beneficial than France’s policy of enfranchising some of its colonial populations.
While liberal autocracies may have existed in the past, can one imagine them today? Until recently, a small but powerful example flourished off the Asian mainland - HongKong. For 156 years, until July 1, 1997, Hong Kong was ruled by the British Crown through an appointed governor general. Until 1991 it had never held a meaningful election, but its government epitomized constitutional liberalism, protecting its citizens’ basic rights and administering a fair court system and bureaucracy.
A September 8, 1997, editorial on the island’s future in The Washington Post was titled ominously, “Undoing Hong Kong’s Democracy”
Actually, Hong Kong has precious little democracy to undo; what it has is a framework of rights and laws. Small islands may not hold much practical significance in today’s world, but they do help one weigh the relative valued of democracy and constitutional liberalism. Consider, for example, the question of where you would rather live, Haiti, an illiberal democracy, or Antigua, a liberal semi-democracy. Your choice would probably relate not to the weather, which is pleasant in both, but to the political climate, which is not.
ABSOLUTE SOVEREIGNTY
John Stuart Mill opened his classic On Liberty by noting that as countries became democratic, people tended to believe that “too much importance had been attached to the limitation of power itself. That… was a response against rulers whose interests were opposed to those of the people.”
Once the people were themselves in charge, caution was unnecessary. “The nation did not need to be protected against its own will.” As if confirming Mill’s fears, consider the words of Alexandr Lukashenko after being elected president of Belarus with an overwhelming majority in a free election in 1994, when asked about limiting his powers :”There will be no dictatorship. I am of the people, and I am going to be for the people.”
The tension between constitutional liberalism and democracy centers on the scope of government authority. Constitutional liberalism is about the limitation of power, democracy about its accumulation and use. For this reason, many eighteenth - and nineteenth- century liberals saw in democracy a force that could underline liberty.
James Madison explained in The Federalist that “the danger of oppression” in a democracy came from “the majority of the community.” Tocqueville warned of the “tyranny of the majority,” writing, “The very essence of democratic government consists in the absolute sovereignty of the majority.”
The tendency for a democratic government to believe it has absolute sovereignty (that is, power) can result in the centralization of authority, often by extraconstitutional means and with grim results. Over the last decades, elected governments claiming to represent the people have steadily encroached on the powers and rights of other elements in society, an usurpation that is both horizontal (from regional and local authorities as well as private businesses and other nongovernmental groups).
Lukashenko and Peru’s Alberto Fujimori are only the worst examples of this practice. (While Fujimori’s actions - disbanding the legislature and suspending the constitution, among others - make it difficult to call his regime democratic, it is worth nothing that he won two elections and was extremely popular until recently.) Even a bonafide reformer like Carlos Menem has passed close to 300 presidential decrees in his eight years in office, about three times as many as all previous Argentinean presidents put together, going back to 1853. Kyrgyzstan’s Askar Akayev, elected with 60% of the vote, proposed enhancing his powers in a referendum that pssed easily in 1996. His new powers include appointing all top officials except the prime minister, although he can dissolve parliament if it turns down three of his nominees for the latter post.
Horizontal usurpation, usually by presidents, is more obvious, but vertical usurpation is more common. Over the last three decades, the Indian government has routinely disbanded state legislatures on flimsy grounds, placing regions under New Delhi’s direct rule.
In a less dramatic but typical move, the elected government of the Central African Republic recently ended the longstanding independence of its university system, making it part of the central state apparatus.
Usurpation is particularly widespread in Latin America and the states of the former Soviet Union, perhaps because both regions mostly have presidencies. these systems tend to produce strong leaders who believe that they speak for the people - even when they have been elected by no more than a plurality. (As Juan Linz points out, Salvador Allende was elected to the Chilean Presidency in 1970 with only 36 % of the vote. In similar circumstances, a prime minister would have had to share power in a coalition government. ) Presidents appoint cabinets of cronies, raher than senior party figures, maintaining few internal checks on their power. And when their views conflict with those of the legislator, or even the courts, presidents tend to “go to the nation, ” bypassing the dreary tasks of bargaining and coalition-building. While scholars debate the merits of presidential versus parliamentary forms of government, usurpation can occur under either, absent well-developed alternate centers of power such as strong legislatures, courts, political parties, regional governments, and independent universities and media. Latin America actually combines presidential systems with proportional representation, producing populist leaders and multiple parties - an unstable combination.
Many Western governments and scholars have encouraged the creation of strong and centralized states in the Third World. Leaders in these countries have argued that they need the authority to break down feudalism, split entrenched coalitions, override vested interests, and bring order to chaotic societies. But this confuses the need for a legitimate government with that for a powerful one. Government that are seen as legitimate can usually maintain order and pursue tough policies, albeit slowly, by building coalitions. After all, few claim that governments in developing countries should not have adequate police powers; the trouble comes from all the other political, social and economic powers that they accumulate. In crises like civil wars, constitutional governments might not be able to rule effectively, but the alternative - states with vast security apparatuses that suspend constitutional rights - has usually produced neither order nor good government. More often, such state have become predatory, maintaining some order but also arresting opponents, muzzling dissent, nationalizing industries, and confiscating property.
While anarchy has its dangers, the greatest threats to human liberty and happiness in this century have been caused not by disorder but by brutally strong, centralized states, like Nazi Germany, Soviet Russia, and Maoist China. The Third World is littered with the bloody handiwork of strong states.
Historically, unchecked centralization has been the enemy of liberal democracy. As political participation increased in Europe over the nineteenth century, it was accommodated smoothly in countries such as England and Sweden, where medieval assemblies, local governments, and regional councils had remained strong. Countries like France and Prussia, on the other hand, where the monarchy had effectively centralized power (both horizontally and vertically), often ended up illiberal and undemocratic. It is not a coincidence that in twentieth-century Spain, the beachhead of liberalism lay in Catalonia, for centuries a dogedly independent and autonomous region. In America, the presence of a rich variety of institutions - state, local, private - made it much easier to accommodate the rapid and large extensions in suffrage that took place in the early nineteenth century. Arthur Schlesinger Sr. has documental how, during America’s first 50 years, virtually every state, interest group and faction tries to weaken and even break up the federal government.
More recently, India’s semi-liberal democracy has survived because of, not despite, its strong regions and varied languages, cultures, and even castes. The Point is logical, even tautological: pluralism in the past helps ensure political pluralism in the present.
Fifty years ago, politicians in the developing world wanted extraordinary powers to implement then - fashionable economic doctrines, like nationalization of industries.
Today their successors want similar powers to privatize those very industries. Menem’s justification for his methods is that they are desperately needed to enact tough economic reforms. Similar arguments are made by Abdals Bucarem of Ecuador and by Fujimori. Lending institutions, such as the International Monetary Fund and the World Bank, have been sympathetic to these ples, and the bond market has been positively exuberant. But except in emergencies like war, illiberal means are in the long run incompatible with liberal ends. Constitutional government is in fact the key to a successful economic reform policy. The experience of East Asia and Central Europe suggest that when regimes - whether authoritarian, as in East Asia , or liberal democratic, as in Poland, Hungary, and the Czech Republic - protect individual rights, including those of property and contract, and create a framework of law and administration, capitalism and growth will follow. In a recent speech at the Woodrow Wilson International Center in Washington, explaining what is takes for capitalism to flourish, Federal Reserve chairman Alan Greeenspan concluded that , “ The guiding mechanism of a free market economy… is a bill of rights, enforced by an impartial judiciary”
Finally, and perhaps more important, power accumulated to do good can be used subsequently to do ill. When Fujimori disbanded parliament, his approval ratings shot up to their highest ever. But recent opinion polls suggest that most of those who once approved of his actions now wish he were more constrained. In 1993 Boris Yeltsin famously and literally) attacked the Russian parliament, prompted by parliament’s own unconstitutional acts. He then suspended the constitutional court, dismantled the system of local governments, and fired several provincial governors. From the war in Chechnya to his economic programs, Yeltsin has displayed a routine lack of concern for constitutional procedures and limits. He may well be a liberal democrat at heart, but Yeltsin’s actions have created a Russian super-presidency. We can only hope his successor will not abuse it.
For centuries Western intellectuals have had a tendency to view constitutional liberalism as a quaint exercise in rule-making, mere formalism that should take a back seat to battling larger evils in society. The most eloquent counterpoint to this view remains an exchange in Robert Bolt’s play A man For ALL Season. The fiery young William Roper, who yearns to battle evil, is exasperated by Sir Thomas More’s devotion to the law. More gently defends himself
More: What would you do? Cut a great road through the law to get after the Devil?
Roper: I’d cut every alw in England to do that.
More: And when the last law was down, and the devil turned on you - where would you hide Roper, the laws all being flat?
ETHNIC CONFLICT AND WAR
On December 8, 1996, Jack Lang made a dramatic dash to Belgrade. The French celebrity politician, formerly minister of culture, had been inspired by the student demonstrations involving tens of thousands against slobodan Milosevic, a man Lang and many Western intellectuals held responsible for the war in the Balkans. Lang wanted to lend his moral support to the Yugoslav opposition. The leaders of the movement received him in their offices - the philosophy department - only to boot him out, declare him “an enemy of the Serbs, ” and order him to leave the country. It turned out that the students opposed Milosevic not for starting the war, but for failing to win it.
Lang’s embarrassment highlights two common, and often mistaken, assumptions - that the forces of democracy are the forces of ethnic harmony and of peace. Neither is necessarily true. Mature liberal democracies can usually accommodate ethnic divisions without violence or terror and live in peace with other liberal democracies. but without a background in constitutional liberalism, the introduction of democracy in divided societies has actually fomented nationalism, ethnic conflict, and even war. The spate of elections held immediately after the collapse of communism were won in the Soviet Union and Yugoslavia by nationalist separatists and resulted in the breakup of those countries. This was not in and of itself bad, since those countries had been bound together by force. But the rapid secessions, without guarantees, institutions, or political power for the many minorities living within the new countries, have caused spirals of rebellion, repression, and, in places like Bosnia, Azerbaijan and Georgia, war.
Elections require that politicians compete for peoples’ votes. In societies without strong traditions of multiethnic groups or assimilation, it is easiest to organize support along racial, ethnic, or religious lines.
Once an ethnic group is in power, it tends to exclude other ethnic groups. Compromise seems impossible; one can bargain on material issues like housing, hospitals, and handouts, but how does one split the difference on a national religion? Political competition that is so divisive can rapidly degenerate into violence. Opposition movements, armed rebellions, and coups in Africa have often been directed against ethnically based regimes, many of which came to power through elections.
Surveying the breakdown of African and Asian democracies in the 1960s, two scholars concluded that democracy “is simply not viable in an environment of intense ethnic preferences.”
Recent studies, particularly of Africa and Central Asia, have confirmed this pessimism. A distinguished expert on ethnic conflict, Donald Horowitz, concluded, “In the face of this rather dismal account… of the concrete failures of democracy in divided societies… one is tempted to throw up one’s hand. What is the point of holding elections if all they do in the end is to substitute a Bemba-dominated regime for a Nyanja regime in Zambia, the two equally narrow, or a southern regime for a northern one in Benin, neither incorporating the other half of the state? “
Over the past decade, one of the most spirited debates among scholars of international relations concerns the “democratic peace” - the assertion that no two modern democracies have gone to war with each other. The debate raises interesting substantive questions (does the American Civil War count? do nuclear weapons better explain the peace? ) and even the statistical findings have raised interesting dissents. (As the scholar David Spiro points out, given the small number of both democracies and wars over the last two hundred years, sheer chance might explains them? Kant, the original proponent of the democratic peace, contended that in democracies, those who pay for wars - that is, the public - make the decisions, so they are understandably cautious. But that claim suggests that democracies are more pacific than other states. Actually they are more warlike, going to war more often and with greater intensity than most states. It is only with other democracies that the peace holds.
When divining the cause behind this correlation, one thing becomes clear: the democratic peace is actually the liberal peace. Writing in the eighteenth century, Kant believed that democracies were tyrannical, and he specifically excluded them from his conception of “republican” government, which lived in a zone of peace.
Republicanism, for Kant, meant a separation of powers, checks and balances, the rule of law, protection of individual rights, and some level of representation in government (through nothing close to universal suffrage). Kant’s other explanations for the “perpetual peace” between republics are all closely linked to their constitutional and liberal character: a mutual respect for the rights of each other’s citizens, a system of checks and balances assuring that no single leader can drag his country into war, and classical liberal economic policies - most importantly, free trade - which create an interdependence that makes war costly and cooperation useful. Michael Doyle, the leading scholar on the subject, confirms in his 1997 book Ways of War and Peace that without constitutional liberalism, democracy itself has no peace - inducing qualities:
Kant distrusted unfettered, democratic majoritarianism, and his argument offers no support for a claim that all participatory polities - democracies - should be peaceful, either in general or between fellow democracies. Many participatory polities have been non-liberal. For two thousand years before the modern age, popular rule was widely associated with aggressiveness (by Thucydides) or imperial success (by Machiavelli)… The decisive preference of [the] median voter might well include “ethnic cleansing” against other democratic polities.
The distinction between liberal and illiberal democracies sheds light on another striking statistical correlation. Political scientists Jack Snyder and Edward Mansfield contend, using an impressive data set, that over the last 200 years democratizing states went to war significantly more often than either stable autocracies or liberal democracies. In countries not grounded in constitutional liberalism and war-mongering. when the political system is opened up, diverse groups with incompatible interests gain access to power and press their demands. Political and military leaders, who are often embattled remnants of the old authoritarian order, realize that to succeed that they must rally the masses behind a national cause. The result is invariably aggressive rhetoric and policies, which often drag countries into confrontation and war. Noteworthy examples range from Napoleon III’s France, Wihelmine Germany, and Taisho Japan to those in today’s newspapers, like Armenia and Azerbaijan and Milosevic’s Serbia. The democratic peace, it turns out, has little to do with democracy.
THE AMERICAN PATH
An American Scholar recently traveled to Kazakstan on a U.S government- sponsored mission to help the new parliament draft its electoral laws. His counterpart, a senior member of the Kazak parliament, brushed aside the many options the American expert was outlining, saying emphatically, “We want our parliament to be just like your Congress.” The American was horrified, recalling, “I tried to say something other than the three words that had immediately come screaming into my mind: “No you don’t!” This view is not unusual. Americans in the democracy business tend to see their own system as an unwidely contraption that no other country should put up with. In fact, the adoption of some aspects of the American constitutional framework could ameliorate many of the problems associated with illiberal democracy. The philosophy behind the U.S Constitution, a fear of accumulated power, is as relevant today as it was in 1789. Kazakstan, as it happens, would be particularly well-served by a strong parliament - like the American Congress - to check the insatiable appetite of its president.
THE RISE OF ILLIBERAL DEMOCRACY
it is odd that the United States is so often the advocate of elections and plebiscitary democracy abroad. What is distinctive about the American system is not how democratic it is but rather how undemocratic it is, placing as it does multiple constraints on electoral majorities.
Of its three branches of government, one - arguably paramount - is headed by nine unelected men and women with life tenure.
Its Senate is the most unrepresentative upper house in the world, with the lone exception of the House of Lords, which is powerless. (Every state sends two senators to Washington regardless of its population - California’s 30million people have as many votes in the Senate as Arizona’s 3.7 million - which means that senators representing about 16 % of the country can block any proposed law)
Similarly, in legislatures all over the United States, what is striking is not the power of majorities but that of minorities. To further check national power, state and local governments are strong and fiercely battle every federal intrusion onto their turf. Private businesses and other nongovernmental groups, what Tocqueville called intermediate associations, make up another stratum within society.
The American system is based on an avowedly pessimistic conception of human nature, assuming that people cannot be trusted with power. “If men were angels, “ Madison famously wrote, “no government would be necessary.” The other model for democratic governance in Western history is based on the French Revolution. The French model places its faith in the goodness of human beings.
Once the people are the source of power, it should be unlimited so that they can create a just society. (The French Revolution, as Lord Acton observed, is not about the limitation of sovereign power but the abrogation of all intermediate powers that get in its way.)
Most non-Western countries have embraced the French model - not least because political elites like the prospect of empowering the state, since that means empowering themselves - and most have descended into bouts of chaos, tyranny or both. This should have come as no surprise. After all, since its revolution France itself has run through two monarchies, two empires, one proto-fascist dictatorship and five republics.
Of course cultures vary, and different societies will require different frameworks of government. This is not a plea for the wholesale adoption of the American way but rather for a more variegated conception of liberal democracy, one that emphasizes both parts of that phrase. Before new policies can be adopted, there lies an intellectual task of recovering the constitutional liberal tradition, central to the Western experience and to the development of good government throughout the world. Political progress in Western history has been the result of a growing recognition over the centuries that as the Declaration of Independence puts it, human beings have “certain inalienable rights” and that “it is to secure these rights that governments are instituted.” If a democracy does not preserve liberty and law, that it is a democracy is a small consolation.
LIBERALIZING FOREIGN POLICY
A proper appreciation of constitutional liberalism has a variety of implications for American foreign policy.
First, it suggests a certain humility. While it is easy to impose elections on a country, it is more difficult to push constitutional liberalism on a society. The process of genuine liberalization and democratization is gradual and long-term, in which an election is only one step. Without appropriate preparation, it might even be a false step. Recognizing this, governments and nongovernmental organizations are increasingly promoting a wide array of measures designed to bolster constitutional liberalism in developing countries. The National Endowment for Democracy promotes free markets, independent labor movements, and political parties. The U.S Agency for International Development funds independent judiciaries. In the end, however, elections trump everything. If a country holds elections, Washington and the world will tolerate a great deal from the resulting government, as they have with Yeltsin, Akayev and Menem. In an age of images and symbols, elections are easy to capture on film. (How do you televise the rule of law?) But there is life after elections, especially for the people who live there.
Conversely, the absence of free and fair elections should be viewed as one flaw, not the definition of tyranny. Elections are an important virtue of governance, but they are not the only virtu. Governments should be judged by yardsticks related to constitutional liberalism as well. Economic , civil and religious liberties are at the core of human autonomy and dignity. If a government with limited democracy steadily expands these freedoms, it should not be branded a dictatorship. Despite the limited political choice they offer, countries like Singapore, Malaysia, and Thailand provide a better environment for the life, liberty, and happiness of their citizens than do either dictatorships like Iraq and Libya or illiberal democracies like Slovakia or Ghana. And the pressures of global capitalism can push the process of liberalization forward. Markets and morals can work together. Even China, which remains a deeply repressive regime, has given its citizens more autonomy and economic liberty than they have had in generations. Much more needs to change before China can even be called a liberalizing autocracy, but that should not mask the fact that much has changed.
Finally, we need to revive constitutionalism. One effect of the overemphasis on pure democracy is that little effort is given to creating imaginative constitutions for transitional countries. Constitutionalism, as it was understood by its greatest eighteenth century exponents, such as Montesquieu and Madison, is a complicated system of checks and balances designed to prevent the accumulation of power and the abuse of office. This is done not by simply writing up a list of rights but by constructing a system in which government will not violate those rights. Various groups must be included and empowered because, as Madison explained , “ambition must be made to counteract ambition.” Constitutions were also meant to tame the passions of the public, creating not simply democratic but also deliberative government. Unfortunately, the rich variety of unelected bodies , indirect voting, federal arrangements, and checks and balances that characterized so many of the formal and informal constitutions of Europe are now regarded with suspicion. What would be called the Weimar syndrome - named after interwar Germany’s beautifully constructed constitution, which failed to avert fascism - has made people regard constitutions as simply paperwork that cannot make much difference. (As if any political system in Germany would have easily weathered military defeat, social revolution, the Great Depression, and hyperinflation.) Procedures that inhibit direct democracy are seen as inauthentic, muzzling the voice of the people. Today around the world we see variations on the same majoritarian theme. But the trouble with these winner-take-all systems is that, in most democratizing countries, the winner really does take all.
DEMOCRACY’S DISCONTENTS
We live in a democratic age. Through much of human history the danger to an individual’s life, liberty and happiness came from the absolutism of monarchies, the dogma of churches, the terror of dictatorships, and the iron grip of totalitarianism. Dictators and a few straggling totalitarian regimes still persist, but increasingly they are anachronisms in a world of global markets, information, and media. There are no longer respectable alternatives to democracy; it is part of the fashionable attire of modernity. Thus the problems of governance in the 21st century will likely be problems within democracy. This makes them more difficult to handle, wrapped as they are in the mantle of legitimacy.
Illiberal democracies gain legitimacy, and thus strength, from the fact that they are reasonably democratic. Conversely, the greatest danger that illiberal democracy poses - other than to its own people - is that it will discredit liberal democracy itself, casting a shadow on democratic governance. This would not be unprecedented. Every wave of democracy has been followed by setbacks in which the system was seen as inadequate and new alternatives were sought by ambitious leaders and restless masses. The last such period of disenchantment, in Europe during the interwar years, was seized upon by demagogues, many of whom were initially popular and even elected.
Today, in the face of a spreading virus of illiberalism, the most useful role that the international community, and most importantly the United States, can play is - instead of searching for new lands to democratize and new places to hold elections - to consolidate democracy where it has taken root and to encourage the gradual development of constitutional liberalism across the globe.
Democracy without constitutional liberalism is not simply inadequate, but dangerous, bringing with it the erosion of liberty, the abuse of power, ethnic divisions and even war. Eighty years ago, Woodrow Wilson took America into the twentieth century with a challenge, to make the world safe for democracy. As we approach the next century, our task is to make democracy safe for the world.
The Rule of Law Revival
A NEW NOSTRUM
One cannot get through a foreign policy debate these days without someone proposing the rule of law as a solution to the world’s troubles. How can U.S policy on China cut through the conundrum of balancing human rights against economic interests?
Promoting the rule of law, some observers argue, advances both principles and profits. What will it take for Russia to move beyond Wild West capitalism to more orderly market economics? Developing the rule of law, many insist, is the key. How can Mexico negotiate its treacherous economic, political, and social transitions? Inside and outside Mexico, many answer: establish once and for all the rule of law. Indeed, whether it’s Bosnia, Rwanda, Haiti, or elsewhere, the cure is the rule of law, of course.
The concept is suddenly everywhere - a venerable part of Western political philosophy enjoying a new run as a rising imperative of the era of globalization. Unquestionably, it is important to life in peaceful, free and prosperous societies. Yet its sudden elevation as a panacea for the ills of countries in transition from dictatorships or statist economies should make both patients and prescribers wary. The rule of law promises to move countries past the first, relatively easy phase of political and economic liberalization to a deeper level of reform. But that promise is proving difficult to fulfill.
A multitude of countries in Asia, the former Soviet Union, Eastern Europe, Latin America, sub-Saharan Africa, and the Middle East are engaged in a wide range of rule-of-law reform initiatives. Rewriting constitutions, laws, and regulations, is the easy part. Far-reaching institutional reform, also necessary, is arduous and slow. Judges , lawyers, and bureaucrats must be retrained, and fixtures like court systems, police forces, and prisons must be restructured. Citizens must be brought into the process if conceptions of law and justice are to be truly transformed.
The primary obstacles to such reform are not technical or financial, but political and human. Rule-of-law reform will succeed only if it, gets at the fundamental problem of leaders who refuse to be ruled by the law. Respect for the law will not easily take root in systems rife with corruption and cynicism, since entrenched elites cede their traditional impunity and vested interests only under great pressure.
Even the new generation of politicians arising out of the political transitions of recent years are reluctant to support reforms that create competing centers of authority beyond their control.
Western nations and private donors have poured hundreds of millions of dollars into rule-of-law reform, but outside aid is no substitute for the will to reform, which must come from within.
Countries in transition to democracy must first want to reform, and must then be thorough and patient in their legal makeovers. Meanwhile, donors must learn to spend their reform dollars where they will do the most good - and expect few miracles and little leverage in return.
LEGAL BEDROCK
The rule of law can be defined as a system in which the laws are public knowledge, are clear in meaning, and apply equally to everyone. They enshrine and uphold the political and civil liberties that have gained status as universal human rights over the last half-century. In particular, anyone accused of a crime has the right to a fair, prompt hearing and is presumed innocent until proved guilty. The central institutions of the legal system, including courts, prosecutors, and police, are reasonably fair, competent, and efficient. Judges are impartial and independent, not subject to political influence or manipulation. Perhaps most important, the government is embedded in a comprehensive legal framework, its officials accept that the law will be applied to their own conduct, and the government seeks to be law-abiding.
The relationship between the rule of law and liberal democracy is profound. The rule of law makes possible individual rights, which are at the core of democracy. A government’s respect for the sovereign authority of the people and a constitution depends on its acceptance of law. Democracy includes institutions and processes that, although beyond the immediate domain of the legal system, are rooted in it. Basic elements of a modern market economy such as property rights and contracts are founded on the law and require competent third-party enforcement.
Without the rule of law, major economic institutions such as corporations, banks, and labor unions would not function, and the government’s many involvements in the economy - regulatory mechanisms, tax systems, customs structures, monetary policy, and the like - would be unfair , inefficient, and opaque.
The rule of law can be conceived broadly or narrowly. Some American jurists invest it with attributes specific to their own system, such as trial by jury, a constitution that is rarely amended, an expansive view of defendants’ rights, and a sharp separation of powers. This alienates those from other societies that enjoy the rule of law but do not happen to follow the American approach in its many unusual particulars. Some Asian politicians focus on the regular, efficient application of law but do not stress the necessity of government subordination to it. In their view, the law exists not to limit the state but to serve its power. More accurately characterized as rule by law rather than rule of law, this narrow conception is built into what has become known as Asian-style democracy.
Transition trauma
The rule of law is scarcely a new idea. It is receiving so much attention now because of its centrality to both democracy and the market economy in an era marked by a wave of transitions to both. Western observers say that enhancing the rule of law will allow states to move beyond the first stage of political and economic reform to consolidate both democracy and market economics.
Since the early 1980s dozens of countries in different regions have experience political openings, held reasonably free and fair elections, and established the basic institutions of democracy. Some, however, particularly in Latin America and parts of the former Soviet Union, Eastern Europe, and Asia, are struggling with poorly performing institutions, citizens’ low regard for governments, and the challenge of going beyongd mere democratic processes to genuinely democratic values and practices. Other countries, in sub-Saharan Africa, Central Asia, and elsewhere, are not just stagnating but slipping backward as newly elected leaders fall into old authoritarian habits. For states grappling with democratic consolidation, fortifying usually weak rule of law appears to be a way of pushing patronage-ridden government institutions to better performance, reining in elected but still only haphazardly law-abiding politicians, and curbing the continued violation of human rights that has characterized many new democracies. For backsliding systems, strengthening the rule of law seems an appealing bulwark against creeping authoritarianism and the ever-present threat of a sabotage of constitutional order.
Many attempted economic transitions are at a similar dip in the road. Reform-oriented governments that have made it through the initial phase of economic liberalization and fiscal stabilization are now pausing before the second, deeper transitional phase, licking their political wounds and hoping for patience on the part of often unpersuaded citizens. As Moisés Naím has pointed out, the first phase of market reform turns on large-scale policy decisions by a small band of top officials. The second phase involves building institutions, such as tax agencies, customs services , and antitrust agencies, and the general amelioration of governance. Strengthening the rule of law is integral to this phase.
The challenges of the second phase are felt not only in Latin America and the former communist states, but also in Asian countries that have made considerable economic progress without the benefit of a strong rule of law. As Asia’s recent financial woes highlight, if countries such as Indonesia, Thailand, and Malaysia are to move beyond their impressive first generation of economic progress, they will require better bank regulation and greater government accountability. More generally, economic globalization is feeding the rule-of-law imperative by putting pressure on government to offer the stability, transparency, and accountability that international investors demand.
Shoring up the rule of law also helps temper two severe problems corruption and crime - that are common to many transitional countries, embittering citizens and clouding reform efforts. Debate continues over whether corruption in government has actually increased in transitional societies or whether greater openness, especially in the media, has merely exposed what was already there. Skyrocketing street crime and civil violence are another unfortunate hallmark of many democratizing societies, from Russia to South Africa to Guatemala. Crime erodes public support for democracy and hurts the economy by scaring off foreign investors and interfering with the flow of ideas, goods, and people. Reform-oriented governments around the world are now adding crime and corruption reduction to their agenda for deepening reform. Rule-of-law development is an obvious place to begin.
For these reasons - political, economic, and social - Western policy - makers and commentators have seized on the rule of law as an elixir for countries in transition. It promises to remove all the chief obstacles on the path to democracy and market economics. Its universal quality adds to its appeal. Despite the close ties of the rule of law to democracy and capitalism, it stands apart as a nonideological, even technical, solution. In many countries, people still argue over the appropriateness of various models of democracy or capitalism. But hardly anyone these days will admit to being against the idea of law.
The Reform Menu
Although its wonderworking abilities have been exaggerated, the desirability of the rule of law is clear. The question is where to start. The usual way of categorizing rule-of-law reforms is by subject matter - commercial law, criminal law, administrative law, and the like.
An alternate method focuses on the depth of reform, with three basic categories. Type one reform concentrates on the laws themselves: revising laws or whole codes to weed out antiquated provisions. Often the economic domain is the focus, with the drafting or redrafting of laws on bankruptcy, corporate governance, taxation, intellectual property, and financial markets. Another focus is criminal law, including expanding the protection of basic rights in criminal procedure codes, modifying criminal statutes to cover new problems such as money laundering and electronic-transfer fraud, and revising the regulation of police.
Type two reform is the strengthening of law-related institutions, usually to make them more competent, efficient, and accountable. Training and salaries for judges and court staff are increased, and the dissemination of judicial decisions improved.
Reform efforts target the police, prosecutors, public defenders, and prisons. Efforts to toughen ethics codes and professional standards for lawyers, revitalize legal education, broaden access to courts, and establish alternative dispute resolution mechanisms figure in many reform packages. Other common reforms include strengthening legislatures, tax administrations, and local governments.
Type three reforms aim at the deeper goal of increasing government’s compliance with law. A key step is achieving genuine judicial independence. Some of the above measures foster this goal, especially better salaries and revised selection procedures for judges. But the most crucial changes lie elsewhere.
Above all, government officials must refrain from interfering with judicial decision-making and accept the judiciary as an independent authority. They must give up the habit of placing themselves above the law. Institutional reforms can help by clarifying regulations, making public service more of a meritocracy, and mandating transparency and other means of increasing accountability. The success of type three reform, however, depends less on technical or institutional measures than on enlightened leadership and sweeping changes in the values and attitudes of those in power. Although much of the impetus must come from the top, nonstate activities such as citizen-driven human rights and anti-corruption campaigns can do much to help.
The Global Picture
Probably the most active region for rule-of-law reform has been Eastern Europe. Since 1989, most Eastern European societies have taken significant steps to de-Sovietize and broadly reform their legal systems.
They have written constitutions and laws and initated key changes in their legal institutions. Many government officials have begun accepting the law’s authority and respecting judicial independence.
The Czech Republic, for example, has made major progress on judicial independence, and Hungary has recently launched a comprehensive judicial reform package. Thorough institutional reforms, however, are taking longer than many hoped and some countries are falling short.
The leaders of Croatia and Serbia continue to trample basic rights, and Slovak government institutions show contempt for the Constitutional Court’s rulings. Nonetheless, the overall picture in the region has encouraging elements.
Latin America also presents a positive, if mixed, profile. Since the early 1980s constitutionally based, elected governments have been established almost everywhere in the region. Most Latin American governments have acknowledged the need for rule-of-law reform and are taking steps toward it, or at least proclaiming that they will.
But judicial and police reform has run into walls of bureaucratic indifference and entrenched interests.
A few countries, notably Chile and Costa Rica, have made progress, while others, such as El Salvador and Guatemala, may only now be getting serious about it.
The will to reform has been lacking, however, in Argentina and Mexico, which have the necessary human and technical resources but whose political and economic development are being hampered by their weak rule of law.
Many Asian governments have begun to modify laws and legal institutions, primarily related to commercial affairs. This is the project of countries seeking to consolidate and advance economic progress, such as Malaysia, Taiwan, South Korea, and even China, as well as those hoping to get on the train, such as Vietnam.
These reforms generally stop short of subordinating government’s power to the law and are better understood as efforts to achieve rule by law than the rule of law. South Korea is almost alone in taking these efforts beyond the commercial domain and seriously attacking government impunity and corruption, as evidenced by the recent conviction of former South Korean President Chun Doo-hwan and Roh Tae-woo on corruption charges. The Asian financial crisis highlighted the failure of the region’s various rule-of-law reforms to bring transparency and accountability to the dealings of the ingrown circles of privileged bankers, businessmen and politicians. Pressure for more reform, both from within Asia and from the international financial community, is growing.
The situation in the former Soviet Union is discouraging. Although the Baltic states have made major strides in depoliticizing and revitalizing their judicial systems, few other post-Soviet states have achieved such beyond limited reforms in narrow areas of commercial law. Their legal institutions have shed few of their Soviet habits and remain ineffective, politically subordinated, and corrupt. Russia’s difficulties in achieving the rule of law are the weakest link in the post-communist transformation of Russian society. The government has attempted a number of reform initiatives, including the drafting of new civil and criminal codes. These have been neutralized, however, by the ruling elite’s tendency to act extralegally and by the new private sector’s troubling lawlessness.
Although more than 30 sub-Saharan African countries have attempted political and economic transitions since 1990, rule-of-law reform is still scarce on the continent. The issue is coming to the fore in both those countries attempting to move halting transitions along and those hoping that “transitional justice” mechanisms such as truth commissions and war crimes tribunals can help overcome the bitter legacy of the past.
By far the most positive case is South Africa, where a far-reaching program to transform the administration of justice is under way. In at least a few other countries, including Botswanan, Tanzania, and Uganda, less dramatic but still important progress has been made toward the reform of laws and law-related institutions, including the modernization of some commercial laws and stronger support for the judiciary. But in many countries of the region, the legal systems remain captive of the powers that be.
The Middle East shows the least legal reform activity of any region. Some Arab countries, among them Jordan, Lebanon, and Kuwait, are at least attempting reform in the commercial domain, such as in the mechanisms necessary to establish stock markets or otherwise attract foreign investment. Institutional change is more sporadic, ranging from the surprisingly bold reform plans announced by the government of Oman to Egypt’s judicial reforms, whose seriousness is still unclear.
Rule -of-law reform is at least a stated goal of many countries. Globally there has been a great deal of legal reform related to economic modernization and a moderate amount of law-related institutional reform, but little deep reform of the higher levels of government. Around the world, the movement toward the rule of law is broad but shallow.
LEGAL AID
Most Governments attempting rule-of-law reform are not doing so on their own. Assistance in this field has mushroomed in recent years, becoming a major category of international aid. With a mix of altruism and self-interest, many Western countries have rushed to help governments in Eastern Europe and the former Soviet Union carry out legal and institutional reforms.
Russia’s legal and judicial reforms, for example, have been supported by a variety of U.S assistance projects, extensive German aid, a $58 million World Bank loan, and numerous smaller World Bank and European Bank for Reconstruction and Development initiatives, as well as many efforts sponsored by Great Britain, the Netherlands, Denmark, and the European Union. Asia and Latin America are also major recipients of rule-of-law aid, with a focus on commercial law in Asia and on criminal and commercial law in Latin America. Africa and the Middle East have received less attention, reflecting the smaller degree of reform that countries there have undertaken.
A host of U.S agencies underwrite such aid, including the U.S. Agency for International Development, the Justice and Commerce Department, and the Securities and Exchange Commission. Coordination is poor and turf battles are common. The rapid expansion of American rule-of-law aid exemplifies the only partially successful U.S response to the challenges of the post-Cold War era. Many programs have sprung up to address these emerging issues, but officials have done far too little to ensure that they are well designed, consistent and coherent.
Almost every major bilateral donor, a wide range of multilateral organizations - especially development banks - and countless foundations, universities, and human rights groups are getting into the act.
In most countries, U.S. rule-of-law assistance is a small part of the aid pool, although Americans frequently assume it is of paramount importance.
They mistakenly believe that rule-of-law promotion is their special province, although they are not alone in that. German and French jurists also tend to view their country as the keeper of the flame of civil code reform. British lawyers and judges point to the distinguished history of the British approach. Transitional countries are bombarded with ferbent but contradictory advice on judicial and legal reform.
Donors sometimes determine rule-of-law reform priorities. Enormous amounts of aid are granted for writing or rewriting laws, especially commercial laws. Hordes of Western consultants descend on transitional societies with Western legal models in their briefcases. Judicial training courses run by Western group have become a cottage industry, as have seminars on conflict resolution. Aid providers are expanding their rule-of-law efforts to reach parliaments, executive branch agencies, and local governments. Assistance also extends to civic groups that use law to advance particular interests and nongovernmental organizations that push for reform.
THE NET EFFECT
The effects of this burgeoning rule-of-law aid are generally positive though usually modest. After more than ten years and hundreds of millions of dollars in aid, many judicial systems in Latin America still function poorly.
Russia is probably the single largest recipient of such aid, but is not even clearly moving in the right direction. The numerous rule-of-law programs carried out in Cambodia after the 1993 elections failed to create values or structures strong enough to prevent last year’s coup. Aid providers have helped rewrite laws around the globe, but they have discovered that the mere enactment of laws accomplishes little without considerable investment in changing the conditions for implementation and enforcement. Many Western advisers involved in rule-of-law assistance are new to the foreign aid world and have not learned that aid must support domestically rooted processes of change, not attempt to artificially reproduce pre-selected results.
Efforts to strengthen basic legal institutions have proven slow and difficult. Training for judges, technical consultancies and other transfers of expert knowledge make sense on paper but often have only minor impact. The desirability of embracing such values as efficiency, transparency, accountability, and honesty seems self-evident to Western aid providers, but for those targeted by training programs, such changes may signal the loss of perquisites and security.
Major U.S judicial reform efforts in Russia, El Salvador, Guatemala, and elsewhere have foundered on the assumption that external aid can substitute for the international will to reform.
Rule-of-law aid has been concentrated on more easily attained type one and type two reforms. Thus it has affected the most important elements of the problem least. Helping transitional countries achieve type three reform that brings real change in government obedience to law is the hardest, slowest kind of assistance. It demands powerful tools that aid providers are only beginning to develop, especially activities that help bring pressure on the legal system from the citizenry and support whatever pockets of reform may exist within an otherwise self-interested ruling system. It requires a level of interventionism, political attention, and visibility that many donor governments and organizations cannot or do not wish to apply.
Above all, it calls for patient, sustained attention, as breaking down entrenched political interests , transforming values, and generating enlightened, consistent leadership will take generations.
The experience to date with rule-of-law-aid suggests that it is best to proceed with caution. The widespread embrace of the rule of law imperative is heartening, but it represents only the first step for most transitional countries on what will be a long and rocky road. Although the United States and other Western countries can and should foster the rule of law, even large amounts of aid will not bring rapid or decisive results. Thus it is good that President Ernesto Zedillo of Mexico has made rule-of-law development one of the central goals of his presidency, but the pursuit of that goal is certain to be slow and difficult, as highlighted by the recent massacre in the south of the country. Judging from the experience of other latin American countries, U.S efforts to lighten Mexico’s burden will at best be of secondary importance. Similarly, Wild West capitalism in Russia should not be thought of as a brief transitional phase. The deep shortcomings of the rule of law in Russia will take decades to fix. The Asian financial crisis has shown observers that without the rule of law the Asian miracle economies are unstable. Although that realization wa abrupt, remedying the situation will be a long-term enterprise.
These lessons are of particular importance concerning China, where some U.S policymakers and commentators have begun pinning hope on the idea that promoting the rule of law will allow the United States to support positive economic and political change without taking a confrontational approach on human right issues. But China’s own efforts to reform its law are almost 20 years old and have moved slowly, especially outside the economic domain. Statements by U.S officials and increased flows of rule-of-law assistance are unlikely to speed up the process, judging from the rule-of-law programs that have been operating in China for years.
Rule-of-law promotion should be part of U.S policy toward China, but it will not increase U.S influence over that country. Nor will it miraculously eliminate the hard choices between ideals and interests that have plagued America’s foreign policy for more than two centuries.
The End of The Transition Paradigm
Thomas Carothers is vice president for studies at the Carnegie Endowment for International peace in Washington D.C. He is the author of many works on democracy promotion, including Aiding Democracy Abroad: The Learning Curve (1999), and is the coeditor with Marina Ottaway of Funding Virtue: Civil Society Aid and Democracy Promotion. (2000)
In the last quarter of the twentieth century, trends in seven different regions converged to change the political landscape of the world:
the fall of right-wing authoritarian regimes in southern Europe in the mid-1970s
the replacement of military dictatorship by elected civilian governments across Latin America from the late 1970s through the late 1980s
the decline of the authoritarian rule in parts of East and South Asia starting in the mid-1980s
the collapse of communist regimes in Eastern Europe at the end of the 1980s
the breakup of the Soviet Union and the establishment of 15 post-Soviet republics in 1991
the decline of one-party regimes in many parts of sub-saharan Africa in the first half of the 1990s
a weak but recognizable liberalizing trend in some Middle Eastern countries in the 1990s
The causes, shape and pace of these different trends varied considerably. But they shared a dominant characteristics - simultaneous movement in at least several countries in each region away from dictatorial rule toward more liberal and often more democratic governance. And though differing in many ways, these trends influenced and to some extent built on one another. As a result, they were considered by many observers, especially in the West, as components parts of a larger whole, a global democratic trend that thanks to Samuel Huntington has widely come to be known as the “third wave” of democracy.
This striking tide of political change was seized upon with enthusiasm by the U.S government and the broader U.S foreign policy community. As early as the mid-1980s, President Ronald Reagan, Secretary of State George Shultz, and other high-level U.S officials were referring regularly to “the worldwide democratic revolution.”
During the 1980s, an active array of governmental, quasi-governmental, and nongovernmental organizations devoted to promoting democracy abroad sparing into being. This new democracy-promotion community had a pressing need for an analytic framework to conceptualize and respond to the ongoing political events. Confronted with the initial parts of the third wave - democratization in Southern Europe, Latin America, and a few countries in Asia (especially the Philippines) - the U.S democracy community rapidly embraced an analytic model of democratic transition. It was derived principally from their own interpretation of the patterns of democratic change taking place, but also to a lesser extent from the early works of the emergent academic field of “transitology,” above all the seminal work of Guillermo O’Donnell and Philippe Schmitter.
As the third wave spread to Eastern Europe, the Soviet Union, Sub-saharan Africa, and elsewhere in the 1990s, democracy promoters extended this model as a universal paradigm for understanding democratization. It became ubiquitous in U.S policy circles as a way of talking about, thinking about, and designing interventions in processes of political change around the world. And it stayed remarkably constant despite many variations in those patterns of political change and a stream of increasingly diverse scholarly views about the course and nature of democratic transitions.
The transition paradigm has been somewhat useful during a time of momentous and often surprising political upheaval in the world. But it is increasingly clear that reality is no longer conforming to the model. Many countries that policy makers and aid practitioners persist in calling “transitional” are not in transition to democracy, and of the democratic transitions that are under way, more than a few are not following the model.
Sticking with the paradigm beyond its useful life is retarding evolution in the field of democratic assistance and is leading policy makers astray in other ways. It is time to recognize that the transition paradigm has outlived its usefulness and to look for a better lens.
CORE ASSUMPTIONS
Five core assumptions define the transition paradigm. The first, which is an umbrella for the others, is that any country moving away from dictatorial rule can be considered a country in transition toward democracy.
Especially in the first half of the 1990s, when political change accelerated in many regions, numerous policy makers and aid practitioners reflexively labeled any formerly authoritarian country that was attempting some political liberalization as a “transitional country.” The set of “Transitional countries” swelled dramatically, and nearly 100 countries (approximately 20 in Latin America, 25 in Eastern Europe and the former Soviet Union, 30 in sub-Saharan Africa, 10 in Asia , and 5 in the Middle East) were thrown into the conceptual pot of the transition paradigm. Once so labeled, their political life was automatically analyzed in terms of their movement toward or away from democracy , and they were held up to the implicit expectations of the paradigm, as detailed below. To cite just one especially astonishing example, the U.S Agency for International Development (U.S AID) continues to describe the Democratic Republic of Congo (Kinshasa), a strife-wracked country undergoing a turgid, often opaque, and rarely very democratic process of political change, as a country in “transition to a democratic, free market society.”
The second assumption is that democratization tends to unfold in a set sequence of stages. First there occurs the opening, a period of democratic ferment and political liberalization in which cracks appear in the ruling dictatorial regime, with the most prominent fault line being that between hardliners and soft liners. There follows the breakthrough - the collapse of the regime and the rapid emergence of a new, democratic system, with the coming to power of a new government through national elections and the establishment of a democratic institutional structure, often through the promulgation of a new constitution. After the transition comes consolidation, a slow but purposeful process in which democratic forms are transformed into democratic substance through the reform of state institutions, the regularization of elections, the strengthening of civil society, and the overall habituation of the society to the new democratic “rules of the game.”
Democracy activists admit that it is not inevitable that transitional countries will move steadily on this assumed path from opening and breakthrough to consolidation. Transitional countries, they say, can and do go backward or stagnate as well as move forward along with the path. Yet even the deviations from the assumed sequence that they are willing to acknowledge are defined in terms of the path itself. The options are all cast in terms of the speed and direction with which countries move on the path, not in terms of movement that does not conform with the path at all. And at least in the peak years of the third wave, many democracy enthusiasts clearly believed that, while the success of the dozens of new transitions was not assured, democratization was in some important sense a natural process, one that was likely to flourish once the initial breakthrough occurred. No small amount of democratic teleology is implicit in the transition paradigm, no matter how much its adherents have denied it.
Related to the idea of a core sequence of democratization is the third assumption - the belief in the determinative importance of elections, Democracy promoters have not been guilty - as critics often charge - of believing that elections equal democracy. For years they have advocated and pursued a much broader range of assistance programs than just elections-focused efforts. Nevertheless, they have tended to hold very high expectations for what the establishment of regular, genuine elections will do for democratization. Not only will elections give new post dictatorial government democratic legitimacy, they believe, but the elections will serve to broaden and deepen political participation and the democratic accountability of the state to its citizens. In other words, it has been assumed that in attempted transitions to democracy, elections will be not just a foundation stone but a key generator over time of further democratic reforms.
A fourth assumption is that the underlying condition in transitional countries - their economic level, political history, institutional legacies, ethnic make-up, sociocultural traditions, or other “structural” features - will not be major factors in either the onset or the outcome of the transition process. A remarkable characteristic of the early period of the third wave was that democracy seemed to be breaking out in the most unlikely and unexpected places, whether Mongolia, Albania, or Mauritania. All that seemed to be necessary for democratization was a decision by a country’s political elites to move toward democracy and an ability on the part of those elites to fend off the contrary actions of remaining antidemocratic forces.
The dynamism and remarkable scope of the third wave buried old, deterministic, and often culturally noxious assumptions about democracy, such as that only countries with an American-style middle class or a heritage of Protestant individualism could become democratic. For policy makers and aid practitioners this new outlook was a break from the long-standing Cold War mindset that most countries in the developing world were “not ready for democracy,” a mindset that dovetailed with U.S policies of propping up anticommunist dictators around the world. Some of the early works in transitology also reflect the “no preconditions” view of democratization, a shift within the academic literature that had begun in 1970 with Dankwart Rustow’s seminal article, “Transtions to Democracy: Toward a Dynamic Model.” For both the scholarly and policy communities, even liberating view that translated easily across borders as the encouraging message that, when it comes to democracy, “anyone can do it. ”
Fifth, the transition paradigm rests on the assumption that the democratic transitions making up the third wave are being built on coherent, functioning states. The process of democratization is assumed to include some redesign of state institutions - such as the creation of new electoral institutions, parliamentary reform, and judicial reform - but as a modification of already functioning states. As they arrived at their frameworks for understanding democratization, democracy aid practitioners did not give significant attention to the challenge of a society trying to democratize while it is grappling with the reality of building a state from scratch or coping with an existent but largely nonfunctional state. This did not appear to be an issue in Southern Europe or Latin America, the two regions that served as the experiential basis for the formation of the transition paradigm. To the extent that democracy promoters did consider the possibility of state-building as part of the transition process, they assumed that democracy-building and state-building would be mutually reinforcing endeavors or even two sides of the same coin.
Into the Gray Zone
We turned then from the underlying assumptions of the paradigm to the record of experience. Efforts to assess the progress of the third wave are sometimes rejected as premature. Democracy is not built in a day, democracy activists assert, and it is too early to reach judgements about the results of the dozens of democratic transitions launched in the last two decades. Although it is certainly true that the current political situations of the “transitional countries” are not set in stone, enough time has elapsed to shed significant light on how the transition paradigm is holding up.
Of the nearly 100 countries considered as “transitional” in recent years, only a relatively small number - probably fewer than 20 - are clearly en route to becoming successful, well-functioning democracies or at least have made some democratic progress and still enjoy a positive dynamic of democratization.
The leaders of the group are found primarily in Central Europe and the Baltic region - Poland, Hungary, the Czech Republic, Estonia, and Slovenia - though there are a few in South America and East Asia, notably Chile, Uruguay, and Taiwan. Those that have made somewhat less progress but appear to be still advancing include Slovakia, Romania, Bulgaria, Mexico, Brazil, Ghana, the Philippines, and South Korea.
By far the majority of third-wave countries have not achieved relatively well-functioning democracy or do not seem to be deepening or advancing whatever democratic progress they have made. In a small number of countries, initial political openings have clearly failed and authoritarian regimes have resolidified, as in Uzbekistan, Turkmenistan, Belarus and Togo. Most of the “transitional countries,” however, are neither dictatorial nor clearly headed toward democracy. They have entered a political gray zone. They have some attributes of democratic political life, including at least limited political space for opposition parties and independent civil society, as well as regular elections and democratic constitutions. Yet they suffer from serious democratic deficits, often including poor representation of citizens’ interests, low levels of political participation beyond voting, frequent abuse of the law by government officials, elections of uncertain legitimacy, very low levels of public confidence in state institutions, and persistently poor institutional performance by the state. As the number of countries falling in between outright dictatorship and well established liberal democracy has swollen, political analysts have proffered an array of “qualified democracy” terms to characterize them, including semi-democracy, formal democracy, electoral democracy, facade democracy, pseudo-democracy, weak democracy, partial democracy, illiberal democracy, and virtual democracy.
Some of these terms, such as “façade democracy” and “pseudo-democracy,” apply only to a fairly specific subset of gray-zone cases. Other terms, such as “weak democracy” and “partial democracy” are intended to have much broader applicability. Useful though these terms can be, especially when rooted in probing analysis such as O’Donnell’s work on “delegative democracy,” they share a significant liability: By describing countries in the gray zone as types of democracies, analysts are in effect trying to apply the transition paradigm to the very countries whose political evolution is calling that paradigm into question. Most of the “qualified democracy” terms are used to characterize countries as being stuck somewhere on the assumed democratization sequence, usually at the start of the consolidation phase.
The diversity of political patterns within the gray zone is vast. Many possible subtypes or subcategories could potentially be posited, and much work remains to be done to assess the nature of gray-zone politics. As a first analytic step, two broad political syndromes can be seen to be common in the gray zone. They are not rigidly delineated political - system types but rather political patterns that have become regular and somewhat entrenched. Though they have some characteristics in common, they differ in crucial ways and basically are mutually exclusive.
The first syndrome is feckless pluralism. Countries whose political life is marked by feckless pluralism tend to have significant amounts of political freedom, regular elections, and alternation of power between genuinely different political groupings. Despite these positive features, however, democracy remains shallow and troubled. Political participation, though broad at election time, extends little beyond voting. Political elites from all the major parties or grouping are widely perceived as corrupt, self-interested, and ineffective. The alternation of power seems only to trade the country’s problem back and forth from one hapless side to the other. Political elites from all the major parties are widely perceived as corrupt, self-interested, dishonest, and not serious about working for their country. The public is seriously disaffected from politics, and while it may still cling to a belief in the ideal of democracy, it is extremely unhappy about the political life of the country. Overall, politics is widely seen as a stale, corrupt, elite-dominated domain that delivers little good to the country and commands equally little respect. And the state remains persistently weak. Economic policy is often poorly conceived and executed, and economic performance is frequently bad or even calamitous. Social and political reforms are similarly tenuous, and successive governments are unable to make headway on most of the major problems facing the country, from crime and corruption to health, education and public welfare generally.
Feckless pluralism is most common in Latin America, a region where most countries entered their attempted democratic transitions with diverse political parties already in place yet also with a deep legacy of persistently poor performance of state institutions. Nicaragua, Ecuador, Guatemala, Panama, Honduras and Bolivia all fall into this category, as did Venezuela in the decade prior to the election of Hugo Chávez. Argentina and Brazil hover uneasily at its edge. In the postcommunist world, Moldova, Bosnia, Albania, and Ukraine have at least some significant signs of the syndrome, with Romania and Bulgaria teetering on its edge. Nepal is a clear example in Asia; Bangladesh, Mongolia, and Thailand may also qualify. In sub-Saharan Africa, a few states, such as Madagascar, Guinea-Bissau, and Sierra Leone, may be cases of feckless pluralism, though alternation of power remains rare generally in that region.
There are many variations of feckless pluralism. In some cases, the parties that alternate power between them are divided by paralyzing acrimony and devote their time out of power to preventing the other party from accomplishing anything at all, as in Bangladesh. In other cases, the main competing groups end up colluding, formally or informally, rendering the alternation of power unhelpful in a different manner, as happened in Nicaragua in the late 1990s. In some countries afflicted with feckless pluralism, the political competition is between deeply entrenched parties that essentially operate as patronage networks and seen never to renovate themselves, as in Argentina or Nepal. In others, the alternation of power occurs between constantly shifting political groupings, short-lived parties led by charismatic individuals or temporary alliances in search of a political identity, as in Guatemala or Ukraine. These varied cases nonetheless share a common condition that seems at the root of feckless pluralism - the whole class of political elites, though plural and competitive, are profoundly cut off from the citizenry, rendering political life an ultimately hollow, unproductive exercise.
DOMINANT-POWER POLITICS
The most common other political syndrome in the gray zone is dominant-power politics. Countries with this syndrome have limited but still real political space, some political contestation by opposition groups, and at least most of the basic institutional forms of democracy. Yet one political grouping - whether it is a movement, a party, an extended family, or a single leader - dominates the system n such a way that there appears to be little prospect of alternation of power in the foreseeable future.
Unlike in countries beset with feckless pluralism, a key political problem in dominant-power countries is the blurring of the line between the state and the ruling party (or ruling political forces). The state’s main assets - that is to say, the state as a source of money, jobs, public information (via state media) ,and politic power - are gradually put in the direct service of the ruling party.
Whereas in feckless pluralism judiciaries are often somewhat independent, the judiciary in dominant power countries is typically cowed, as part of the one-sided grip on power. And while elections in feckless-pluralist countries are often quite free and fair, the typical pattern in dominant-power countries is one of dubious but not outright fraudulent elections in which the ruling group tries to put on a good-enough electoral show to gain the approval of the international community while quietly titling the electoral playing field far enough in its own favor to ensure victory.
As in feckless-pluralist systems, the citizens of dominant-power systems tend to be disaffected from politics and cut off from significant political participation beyond voting. Since there is no alternation of power, however, they are less apt to evince the “a pox on all your houses” political outlook pervasive in feckless-pluralist systems. Yet those opposition political parties that do exist generally are hard put to gain much public credibility due to their perennial status as outsiders to the main halls of power. Whatever energies and hopes for effective opposition to the regime remain often reside in civil society groups, usually a loose collection of advocacy NGOs and independent media (often funded by Western donors0 that skirmish with the government on human rights, the environment, corruption, and other issues of public interest.
The state tends to be as weak and poorly performing in dominant-power countries as in feckless-pluralist countries, though the problem is often a bureaucracy decaying under the stagnancy of de facto one-party rule rather than the disorganized, unstable nature of state management (such as the constant turnover of ministers) typical of feckless pluralism. The long hold on power by one political group usually produces large-scale corruption and crony capitalism. Due to the existence of some political openness in these systems, the leaders do often feel some pressure from the public about the corruption and other abuses of state power. They even may periodically declare their intention to root out corruption and strengthen the rule of law. But their deep-seated intolerance for anything more than limited opposition and the basic political configuration over which they preside breed the very problems they publicly commit themselves to tackling.
Dominant-power systems are prevalent in three regions. In Sub-Saharan Africa, the widely hailed wave of democratization that washed over the region in the early 1990s had ended up producing many dominant-power systems. In some cases, one-party states liberalized yet ended up permitting only very limited processes of political opening, as in Cameroon, Burkina Faso, Equatorial Guinea, Tanzania, Gabon, Kenya, and Mauritania. In a few cases, old regimes were defeated or collapsed, yet the new regimes have ended up in dominant-party structures, as in Zambia in the 1990s, or the forces previously shunted aside have reclaimed power, as in Congo (Brazzaville) .
Dominant-power systems are found in the former Soviet Union as well. America, Azerbaijan, Georgia, Kyrgyzstan, and Kazakhstan fall in this category. The other Central Asian republics and Belarus are better understood as out-and-out authoritarian systems. The liberalization trend that arose in the Middle East in the mid-1980s and has unfolded in fits and starts ever since has moved some countries out of the authoritarian camp into the dominant-power category. These include Morocco, Jordan, Algeria, Egypt, Iran, and Yemen. Dominant-power systems are scarce outside of these three regions. In Asia, Malaysia and Cambodia count as examples. In Latin America, Paraguay may be one case, and Venezuela is likely headed toward becoming a second.
Dominant-power systems vary in their degree of freedom and their political direction. Some have very limited political space and are close to being dictatorships. Others allow much more freedom, albeit still with limits. A few “transitional countries,” including the important cases of South Africa and Russia, fall just to the side of this syndrome. They have a fair amount of political freedom and have held competitive elections of some legitimacy (though sharp debate on that issue exists with regard to Russia) . Yet they are ruled by political forces that appear to have a long-term hold on power (if one considers the shift from Yeltsin to Putin more as a political transfer than an alternation of power), and it is hard to imagine any of the existing opposition parties coming to power for many years to come. If they maintain real political freedom and open competition for power, they may join the ranks of cases, such as Italy and Japan (prior to the 1990s) and Botswana, of longtime democratic rule by one party. Yet due to the tenuousness of their new democratic institutions, they face the danger of slippage toward the dominant-power syndrome.
As political syndromes, both feckless pluralism and dominant-power politics have some stability. Once in them, countries do not move out of them easily. Feckless pluralism achieves its own dysfunctional equilibrium - the passing of power back and forth between competing elites who are largely isolated from the citizenry but willing to play by widely accepted rules.
Dominant-power politics also often achieves a kind of stasis, with the ruling group able to keep political opposition on the ropes while permitting enough political openness to alleviate pressure from the public. They are by no means permanent political configurations; no political configuration lasts forever. Countries can and do move out of them - either from one to the other or out of either toward liberal democracy or dictatorship. For a time in the 1990s, Ukraine seemed stuck in dominant-power politics but may be shifting to something more like feckless pluralism. Senegal was previously a clear cse of dominant-power politics but, with the opposition victory in the 2000 elections, may be moving toward either liberal democracy or feckless pluralism.
Although many countries in the gray zone have ended up as an examples or either feckless pluralism or dominant-power politics, not all have. A small number of “transitional countries” have moved away from authoritarian rule only in the last several years, and their political trajectory is as yet unclear. Indonesia, Nigeria, Serbia, and Croatia are four prominent examples of this type. Some countries that experienced political openings in the 1980s or 1990s have been so wracked by civil conflict that their political systems are too unstable or incoherent to pin down easily, though they are definitely not on a path of democratization. The Democratic Republic of Congo, Liberia, Sierra Leone, and Somalia all represent this situation.
The Crash of Assumptions
Taken together, the political trajectories of most third-wave countries call into serious doubt the transition paradigm. This is apparent if we revisit the major assumptions underlying the paradigm in the light of the above analysis.
First, the almost automatic assumption of democracy promoters during the peak years of the third wave that any country moving away from dictatorship was “in transition to democracy” has often been inaccurate and misleading. Some of those countries have hardly democratized at all. Many have taken on a smattering of democratic features but show few signs of democratizing much further and are certainly not following any predictable democratization script. The most common political patterns to date among the “transitional countries” - feckless pluralism and dominant-power politics - include elements of democracy but should be understood as alternative directions, not way stations to liberal democracy. The persistence in official U.S democracy - promotion circles of using transitional language to characterize countries that in no way conform to any democratization paradigm borders in some case on the surreal - including not just the case of Congo cited above but many others, such as Moldova (“Moldova’s democratic transition continues to progress steadily”), Zambia (“Zambia is … moving steadily toward… the creation of a viable multiparty democracy”), Cambodia (“policy successes in Cambodia towards democracy and improved governance within the past 18 months are numerous”) and Guinea (“Guinea has made significant strides toward building a democratic society”). The continued use of the transition paradigm constitutes a dangerous habit of trying to impose a simplistic and often incorrect conceptual order on an empirical tableau of considerable complexity.
Second, not only is the general label and concept of “transitional country unhelpful, but the assumed sequence of stages of democratization is defied by the record of experience. Some of the most encouraging cases of democratization in recent years - such as Taiwan, South Korea, and Mexico - did not go through the paradigmatic process of democratic breakthrough followed rapidly by national elections and a new democratic institutional framework. Their political evolutions were defined by an almost opposite phenomenon - extremely gradual, incremental processes of liberalization with an organized political opposition (not softliners in the regime) pushing for change across successive elections and finally winning. And in many of the countries that did go through some version of what appeared to be a democratic breakthrough, the assumed sequence of changes - first settling constitutive issues then working through second-order reforms - has not held. Constitutive issues have reemerged at unpredictable times, upending what are supposed to be later stages of transition, as in the recent political crises in Ecuador, the Central African Republic, and Chad.
Moreover, the various assumed component processes of consolidation - political party development, civil society strengthening, judicial reform, and media development - almost never conform to the technocratic ideal of rational sequences on which the indicator frameworks and strategic objectives of democracy promoters are built. Instead they are chaotic processes of change that go backwards and sideways as much as forward, and do not do so in any regular manner.
The third assumption of the transition paradigm - the notion that achieving regular, genuine elections will not only confer democratic participation and democratic accountability - has often come up short in many “transitional countries,” reasonably regular, genuine elections are held but political participation beyond voting remains shallow and governmental accountability is weak. The wide gulf between political elites and citizens in many of these countries turns out to be rooted in structural conditions, such as the concentration of wealth or certain sociocultural traditions, that elections themselves do not overcome. It is also striking how often electoral competition does little to stimulate the renovation or development of political parties in many gray-zone countries. Such profound pathologies as highly personalistic parties, transient and shifting parties, or stagnant patronage-based politics appear to be able to coexist for sustained periods with at least somewhat legitimate processes of political pluralism and competition.
These disappointments certainly do not mean that elections are pointless in such countries or that the international community should not continue to push for free and fair elections. But greatly reduced expectations are in order as to what elections will accomplish as generators of deep-reaching democratic change. Nepal is a telling example in this regard. Since 1990, Nepal has held many multiparty elections and experienced frequent alternation of power. Yet the Nepalese public remains highly disaffected from the political system and there is little real sense of democratic accountability.
Fourth, ever since “preconditions for democracy” were enthusiastically banished in the heady early days of the third wave, a contrary reality - the fact that various structural conditions clearly weigh heavily in shaping political outcomes - has been working its way back in Looking at the more successful recent cases of democratization, for example, which tend to be found in Central Europe, the Southern Cone, or East Asia, it is clear that relative economic wealth, as well as past experience with political pluralism, contributes to the chances for democratic success. And looking comparatively within regions, whether in the former communist world or sub-Saharan Africa, it is evident that the specific institutional legacies from predecessor regimes strongly affect the outcomes of attempted transitions.
During the 1990s, a number of scholars began challenging the “no preconditions” line, with analyses of the roles that economic wealth, institutional legacies, social class and other structural factors play in attempted democratic transitions. Yet it has been hard for the democracy-promotion community to take this work on board. Democracy promoters are strongly wedded to their focus on political processes and institutions.They have been concerned that trying to blend that focus with economic or sociocultural perspectives might lead to the dilution or reduction of democracy assistance. And having set up as organizations with an exclusively political perspective, it is hard for democracy-promotion groups to include other kinds of experts or approaches.
Fifth, state-building has been a much larger and more problematic issue than originally envisaged in the transition paradigm. Contrary to the early assumptions of democracy-aid practitioners, many third-wave countries have faced fundamental state-building challenges. Approximately 20 countries in the former Soviet Union and former Yugoslavia have had to build national state institutions where none existed before. Throughout much of sub-Saharan Africa, the liberalizing political wave of the 1990s ran squarely into the sobering reality of devastatingly weak states. In many parts of Latin America, the Middle East, and Asia, political change was carried out in the context of stable state structures, but the erratic performance of those states complicated every step.
Where state-building from scratch had to be carried out, the core impulses and interests of powerholders - such as locking in access to power and resources as quickly as possible - ran directly contrary to what democracy-building would have required. In countries with existing but extremely weak states, the democracy-building efforts funded by donors usually neglected the issue of state-building. With their frequent emphasis on diffusing power and weakening the relative power of the executive branch - by strengthening the legislative and judicial branches of government, encouraging decentralization, and building civil society - they were more about the redistribution of state power than about state-building. The programs that democracy promoters have directed at governance have tended to be minor technocratic efforts, such as training ministerial staff or aiding cabinet offices, rather than major efforts at bolstering state capacity.
Letting Go
It is time for the democracy-promotion community to discard the transition paradigm. Analyzing the record of experience in the many countries that democracy activities have been labeling “transitional countries,” it is evident that it is no longer appropriate to assume:
that most of these countries are actually in a transition to democracy
that countries moving away from authoritarianism tend to follow a three-part process of democratization consisting of opening, break-through and consolidation;
that the establishment of regular, genuine elections will not only give new governments democratic legitimacy but foster a longer term deepening of democratic participation and accountability.
that a country’s chances for successfully democratizing depend primarily on the political intentions and actions of its political elites without significant influence from underlying economic, social and institutional conditions and legacies;
that state-building is a secondary challenge to democracy-building and largely compatible with it.
It is hard to let go of the transitional paradigm, both for the conceptual order and for the hopeful vision it provides. Giving it up constitutes a major break, but not a total one. It does not mean denying that important democratic reforms have occurred in many countries in the past two decades. It does not mean that countries in the gray zone are doomed never to achieve well-functioning liberal democracy. It does not mean that free and fair elections in “transitional countries” are futile or not worth supporting. It does not mean that the United States and other international actors should abandon efforts to promote democracy in the world. (if anything , it implies that, given how difficult democratization it, efforts to promote it should be redoubled).
It does mean, however, that democracy promoters should approach their work with some very different assumptions. They should start by assuming that what is often thought of as an uneasy, precarious middle ground between full-fledged democracy and outright dictatorship is actually the most common political condition today of countries in the developing world and the postcommunist world. It is not an exceptional category to be defined only in terms of its not being one thing or the other; it is state of normality for many societies, for better or worse. The seemingly continual surprise and disappointment that Western political analyst express over the very frequent falling short of democracy in “transitional countries” should be replaced with realistic expectations about the likely patterns of political life in these countries.
Aid practitioners and policy makers looking at politics in a country that has recently moved away from authoritarianism should not start by asking, “How is its democratic transition going?” They should instead formulate a more open-ended query, “What is happening politically?” Insisting on the former approach leads to optimistic assumptions that often shunt the analysis down a blind alley. To take one example, during the 1990s, Western policy makers habitually analyzed Georgia’s post-1991 political evolution as a democratic transition, highlighting the many formal achievements, and holding up a basically positive image of the country. Then suddenly, at the end of the decade, the essential hollowness of Georgia’s “democratic transition” became too apparent to ignore, and Georgia is now suddenly talked about as a country in serious risk of state failure or deep sociopolitical crisis.
A whole generation of democracy aid is based on the transition paradigm, above all the typical emphasis on an institutional “Checklist” as a basis for creating programs, and the creation of nearly standard portfolios of aid projects consisting of the same diffuse set of efforts all over - some judicial reform, parliamentary strengthening, civil society assistance, media work, political party development, civic education, and electoral programs. Much of the democracy aid based on this paradigm is exhausted. Where the paradigm fits well - in the small number of clearly successful transitions- the aid is not much needed. Where democracy aid is needed most, in many of the gray-zone countries, the paradigm fits poorly.
Democracy promoters need to focus in on the key political patterns of each country in which they intervene, rather than trying to do a little of everything according to a template of ideal institutional forms. Where feckless pluralism reigns, this means giving concentrated attention to two interrelated issues: how to improve the variety and quality of the main political actors in the society and how to begin to bridge the gulf between the citizenry and the formal political system. Much greater attention to political party development should be a major part of the response, with special attention to encouraging new entrants into the political party scene, changing the rules and incentive systems that shape the current party structures, and fostering strong connections between parties and civil society groups (rather than encouraging civil society groups to stay away from partisan politics)
In dominant-power systems, democracy promoters should devote significant attention to the challenge of helping to encourage the growth of alternative centers of power. Merely helping finance the proliferation of nongovernmental organizations is an inadequate approach to this challenge.Again, political party development must be a top agenda item, especially through measures aimed at changing the way political parties are financed. It should include efforts to examine how the over-concentration of economic power (a standard feature of dominant-power systems) can be reduced as well as measures that call attention to and work against the blurring of the line between the ruling party and the state.
In other types of gray-zone countries, democracy promoters will need to settle on other approaches. The message for all gray-zone countries, however, is the same - falling back on a smorgasbord of democracy programs based on the vague assumption that they all contribute to some assumed process of consolidation is not good enough. Democracy aid must proceed from a penetrating analysis of the particular core syndrome that defines the political life of the country in question, and how aid interventions can change that syndrome.
Moving beyond the transition paradigm also means getting serious about bridging the longstanding divide between aid programs directed at democracy-building and those focused on social and economic development. USAID has initiated some work on this topic but has only scratched the surface of what could become a major synthesis of disparate domains in the aid world. One example of a topic that merits the combined attention of economic aid providers and democracy promoters is privatization programs. These programs have major implications for how power is distributed in a society, how ruling political forces can entrench themselves, and how the public participates in major policy decisions. Democracy promoters need to take a serious interest in these reform efforts and learn to make a credible case to economists that they should have a place at the table when such programs are being planned. The same is true for any table when such programs are being planned. The same is true for any number of areas of socioeconomic reform that tend to be a major focus of economic aid providers and that have potentially significant effects on the underlying sociopolitical domain, including pension reform, labor law reform, antitrust policy, banking reform, and tax reform. The onus is on democracy-aid providers to develop a broader conception of democracy work and to show that they have something to contribute on the main stage of the development-assistance world.
These are only provisional ideas. Many other “next generation” challenges remain to be identified. The core point, however, is plain: The transition paradigm was a product of a certain time - the heady early days of the third wave - and that time has now passed. It is necessary for democracy activists to move on to new framework, new debates, and perhaps eventually a new paradigm of political change - one suited to the landscape of today, not the lingering hopes of an earlier era.