GOVT S-1113Meeting 6

Constitutional Engineering and Reform Sequencing

Tensions in Constitutional Arrangements

(Larry Diamond, “Three Paradoxes of Democracy,” in Diamond and Plattner (eds.) The Global Resurgence of Democracy [1996])

1. Conflict versus consensus

2. Representativeness versus governability

3. Consent versus effectiveness

Electoral Systems: Voting Mechanisms

• Pluralist/Majoritarian (Westminster)– plurality, majority w/second-round runoff, etc.– commonly single-member districts – favors two effective parties (Duverger’s Law)

• Proportional Representation– threshold common (usually around 5%)– closed or open list– favors multiple parties and coalition-building

Electoral Systems: Representation

• Presidential– Advantages: Executive directly elected; act decisively and quickly in

crises (e.g. executive appoints cabinet); symbolic capital invested in one individual; stability of fixed term in office; separation of powers

– Drawbacks: less inclusive (winner-take-all, first-past-the-post); dual-legitimacy with legislature; lame duck effect; tendency toward authoritarianism (?)/misuse of veto/decree powers

• Parliamentary– Advantages: power-sharing; ability to change government/PM;

coalition-building promotes compromise; inclusive of citizens’ views– Drawbacks: slow to act if no majority coalition; PM not directly

elected; instability of government; politicians beholden to party, not electorate; reinforces societal divisions; forced coalitions

Nuancing the Above:

(Table adapted from Lijphart, “Constitutional Choices for New Democracies”)

Presidential Parliamentary

Plurality representation

United States United Kingdom

Proportional Representation (legislature)

Columbia Denmark

Common Additional Systems:

• Westminster parliamentary (e.g., UK)

• Semi-presidential (extremely varied in terms of the particulars) (e.g., France)

• Various other “mixed” systems and vote apportionment formulas (too many to list!)

“Sequencing” of Reforms:

“Sequencing” vs. “gradualism” in Carothers reading:

sequencing: rule of law and effective state need (or ideally should) predate democratization

gradualism: rule of law and effective state come (eventually) with democratization

BUT: Other scholars use the term sequencing to mean step-wise reforms DURING democratization

Consociationalism in Deeply Divided Societies

Basic definition of “consociationalism”: • government by a grand coalition

• mutual veto or “concurrent majority” rule

• proportionality (in elections, but also civil service, public allocation of funds, etc.)

• high degree of segmental autonomy

Consociationalism

Some Advantages: institutionalizes and regularizes competition as a political process; may be only way of holding together a very diverse state

Some Disadvantages: not terribly democratic or liberal (group matters more than individual); elite-centric; may serve to reify socio-economic divisions as political points of contestation going forward

Democratic Divorce in Deeply Divided Societies

De jure examples:• Soviet Union• Czechoslovakia• Yugoslavia• SudanDe facto examples:• Transnistria in Moldova• Crimea in Ukraine• S. Ossetia/Abkhazia in Georgia