Models of and problems of democracy

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Models of and problems of democracy

• International constitutional Law and democracy
• 16.okt. 08
• Inger-Johanne Sand

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• Conceptions of democracy
• Hobbes self-government of the people, - but
  conferring the power to the Leviathan,
• Jeremy Bentham securing individuals from
  suppression,
• John Locke focus on popular sovereignty,
• - it is a government by the
  people and for their ends,
• - the rights of the subjects are vital, - it is
  the persons which own the government.
• delegated supremacy held on trust,
• so the rule must be limited and legitimate,
• the rights of the subject liberalism,
• legitimate rule,
• .
• Montesquieu the division of powers,
• ..
• Rousseau the power originates from and stays
  with the people, focus on direct government, -
  majority rule,

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• The modern state evolving
• territoriality,
• the people,
• control on the means of power, - constitutions,
• impersonal structure of power,
• Division of powers
• democracy
• legitimacy, (individual rights and democracy,
  citizenship),
• increasing interaction, / complex
  interdependence, factually,
• increasing number of international treaties and
  principles,

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• Vital democratic qualities
• - individual basic (freedom) rights,
• - citizenship right to vote,
• - open and democratic elections,
• - democratic parliaments,
• - majority voting,
• - publicity, transparency in decision-making,
• - constitutional, (predictable, authoritative,
  supreme))
• - executive accountability,
• - autonomus courts, rule-of-law,
• - a common civil society,

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• Which leads to the paradox of democracy - the
  state emanating from the people, but then
  becoming autonomous and a power in itself, and
  there will be a need of limitations in the rule
  of the state,
• - and then as the state grows the welfare state
  the state as the peak of society goes back into
  society (with the social, health, educational
  services), - and how can we then reformulate
  limits and controls of the state,
• The role of rights,
• The role of political process,

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• The role of political process
• - accumulation of voices and interests,
• - counting the votes,
• - a reflexive process,
• accepting interdependence,
• reciprocal recognition,
• reflexive form of substantial ethical life,
  
• intersubjectivity,0
• - administrative hierarchies,
• - solidarity,

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• Liberal democracy
• focussing on the rights of the individuals, and
  giving them room,
• society is accumulated private interaction,
• society before the state,
• politics bundling together private interests,
• citizenship negative rights (from oppression),
• legal system securing the rights of
  individuals, - some ideals are set by a higher
  law, (problem how are the limits of the rights
  of the individuals seen?)
• neutral state and administration,

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• Problem
• - possibility of blind accumulation of
  interests,

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• Republican democracy Communitarianism
• emphasizing the functioning of society,
• of being able to formulate a common will,
• politics is constitutive for the socialization
  processes, and for the formulation of a social
  ethic,
• Political responsibility rights and duties,
• politics is not only bundling together, it also
  the process itself - the collective process, and
  the formulation of something collective,
• civil society as its base, as opposed to the
  state and the market,
• emphasizing active participation, (problem
  exclusivity), and responsibility,
• the process adds something more the process may
  lead to another and better result than mere
  accumulation, - an inclusive process where one
  may reach a better understanding,
• politics is reaching mutual understanding
  through processes, - society organizes itself
  through communicatively united citizens,
• there may however be an overload of ethical
  discourse,

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• Dilemma
• - interaction of interests
• or
• - reaching mutual understanding,
• Problem
• Negotiations as deals between competing private
  interests,
• What do compromises represent,

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• Ethical discourse
• Balancing of interests compromises of different
  interests,
• Legal
• Political
• Ethical discourses
• Deliberation includes both ethical discourse and
  the balancing of interests,

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• Deliberative democracy
• the openness to persuasion by reasons referring
  to the claims of others as well as of ones own,
• good faith persuasion - objectively oriented,
• communitarian discourses may put too much
  emphasis on common values and the process itself,
  - liberal processes may be too compromise-oriented
  ,
• deliberative theory emphasizes a rational
  discourse which excludes power,
• there is a need a norms which are valid beyond
  each community decisions on this can be reached
  by rational procedures,
• based on constitutional and fair procedures,
• Depending on the conditions of communication,
• procedures matter more than in the liberal model
• High level of intersubjectivity,