Law,interrupted: on legislative disruption and deliberative democracy

This commentary piece teases out a theme that runs through the articles collected in this special issue: the relationship between legislative disruption and deliberative democracy. The practice of legislative disruption appears to go against the normative aspirations of deliberative democracy, but our discussion identifies several respects in which this mode of engagement can function to reinstate a deliberative environment in certain contexts. Drawing on the articles in this special issue, our analysis also brings to the fore certain inadequacies in deliberative democracy as a framework for evaluating legislative disruption.     

Disrupting the South African parliament: performing opposition 1994–2010

The article focuses on the most common form of institutionally punished disruption seen in South Africa's National Assembly since 1994: orders for individual MPs to withdraw from the chamber. The shifting dynamics of such “set-piece” dramatizations of opposition and their relationship with the established analyses of political opposition in post-apartheid South Africa, especially “dominant party democracy” theory are explored. There have been two main styles of disruptive performance in the National Assembly since 1994. Firstly, performances of perceived political marginalization, and secondly, performances that paradoxically lay claim to uphold parliamentary democracy through rule-breaking, which are termed performances of procedure-as-democracy. The article examines how opposition politicians have justified disruption and unpicks the symbolism of prominent incidents. The focus is upon the performance of disruption and its performative aspects, particular the articulation of race and gender. It is argued that performances of procedure-as-democracy are actually one of the principal means by which opposition political parties perform narratives of ANC dominance and as such require much more attention and critical engagement from political scholars interested in dominant party democracy.     

What is democracy? A reconceptualization of the quality of democracy

Works on the quality of democracy propose standards for evaluating politics beyond those encompassed by a minimal definition of democracy. Yet, what is the quality of democracy? This article first reconstructs and assesses current conceptualizations of the quality of democracy. Thereafter, it reconceptualizes the quality of democracy by equating it with democracy pure and simple, positing that democracy is a synthesis of political freedom and political equality, and spelling out the implications of this substantive assumption. The proposal is to broaden the concept of democracy to address two additional spheres: government decision-making – political institutions are democratic inasmuch as a majority of citizens can change the status quo – and the social environment of politics – the social context cannot turn the principles of political freedom and equality into mere formalities. Alternative specifications of democratic standards are considered and reasons for discarding them are provided.     

The three worlds of post-communism: revisiting deep and proximate explanations

Since the upheavals of 1989–1991, the post-communist countries have embarked upon three distinct political trajectories: a path leading to democracy in the Western part of the setting, a path leading to autocracy in the Eastern part of the setting, and an intermediate path – both in geographical and political terms – leading to ‘defective’ democracy. This article seeks to explain the emergence of these three worlds of post-communism. Using typological theory as the principal methodological tool, we revisit Herbert Kitschelt's distinction between deep (structural) and proximate (actor-centred) explanations. The empirical results show that the post-communist setting is characterized by striking regularities in the form of clustering in the explanandum as well as the explanans. The orderings of referents on both the deep and the proximate attributes show a remarkable co-variation with the political pathways of post-communism – and with each other. The presence of such systematic empirical regularities lends support to two conclusions. First, both kinds of explanations elucidate the present variation in post-communist political regime types. Second, the variation on the deep factors largely explains the variation on the proximate factors. Kitschelt's general plea to dig deeper is thus supported, and the explanatory quest turns into a challenge of theoretical integration.     

Going beyond the Roman dictator: a comprehensive approach to emergency rule,with evidence from Latin America

The aim of this article is to contribute to the debate on emergency rule, a practice that democratic theory has struggled to conceptualize. Accordingly, this article differs from existing approaches, which mainly focus on the constitutional design of regimes of exception and tend to identify the institution of the Roman dictator as their source. In contrast, we offer a comprehensive approach, considering other historical sources of emergency rule, going beyond the dichotomy of constitutional and de facto emergency, and focusing specifically on the types of emergency powers involved: executive, legislative and judicial. We propose a different way of conceptualizing emergency rule, following a political rather than a constitutional logic, and we illustrate this different conceptualization by offering evidence from Bolivia, Chile and Guatemala to demonstrate how this comprehensive approach works in practice.     

Informal interference in the judiciary in new democracies: a comparison of six African and Latin American cases

This article focuses on the efforts of power holders – at the executive or the legislative level – to influence or curb court activity informally or extra-legally, an acknowledged but under-researched topic in studies of judicial politics. We first define informal judicial interference and operationalize the concept; we then explain how we collected information on the topic through systematic cross-country interviewing. Our concept focuses on judicial intervention actions exercised by political actors once judges are on the bench. We distinguish these actions according to type – direct or subtle – and further differentiate each type according to six different modes. We provide new empirical data on informal interference in six third-wave democracies, three in Africa (Benin, Madagascar, and Senegal) and three in Latin America (Argentina, Chile, and Paraguay). Our empirical findings, first, confirm the importance of informal practices in shaping political-judicial relations. Second, they point to long-standing legacies and to the level of socio-economic development as possible explanations for different performances in terms of the prevalence and severity of informal interference in the judiciary in these newly established democratic regimes     

Civil society and democratization: a counter-case from India

This article assesses whether civil society promotes democratization, as has been argued implicitly or explicitly in the political discourse, following the publication of Putnam's Making Democracy Work. The theorists of “third-wave” transitology have advocated civil society as the indispensable instrument for the survival and sustenance of democracy. This article, however, argues that civil society is not necessarily a democratic force. It may or may not have positive implications in regard to democratization and the functioning of democracy. Based on ethnographic fieldwork in the tribal-dominated south Rajasthan, this article analyses the case of Rajasthan Vanvasi Kalyan Parishad (RVKP), a Hindu(tva)-oriented non-governmental organization (NGO), to demonstrate how civil society could also be anti-democratic. It shows that by utilizing development as a medium of entry, the RVKP has not only successfully presented itself as a counter-force against the “threatening others”, such as Muslims and Christians but also mobilized electoral support for the Hindu nationalist Bharatiya Janata Party (BJP). In return, the BJP-led state government has provided economic, political and legal support to the RVKP and facilitated the Hindutva politics at the grassroots level. The article concludes that in the context of Rajasthan, a conservative state has collaborated with an exclusivist civil society organization – the consequence of which has not just been the spread of violence and demonization of religious minorities but also a serious undermining of cultural pluralism and democratic values of Indian society.     

US Aid and gender equality: social movement vs civil society models of funding

Despite the fact that the assumed link between women’s empowerment, peace, and democratization has taken a firm hold in both theory and practice, the effectiveness of funding empowerment remains highly contested in the literature on gender, war, and democratic transformations. Drawing upon over a decade of fieldwork, this article offers lessons from the Balkans for funding women’s empowerment, with a particular focus on postconflict political transitions. I argue that there are two fundamentally different approaches to funding women’s empowerment, what I call the civil society model and the social movement model, and I lay out theoretical reasons why the social movement model is more likely to achieve enduring political change. I then provide a case study of how the United States government promoted elements of the social movement model in Croatia and Serbia as part of its democratization assistance, focusing on the challenges and promise of this approach.     

Book reviews

Liberal democratic governments may differ in both their kind and degree of democracy. However, the literature too often conflates this distinction, hindering our ability to understand what kinds of governing structures are more democratic. To clarify this issue, the article examines two prominent contemporary models of democracy: developmental liberal democracy (DLD) and protective liberal democracy (PLD). While the former takes a ‘thicker’ approach to governance than the latter, conventional wisdom holds that these systems differ only in kind rather than degree. The article tests this assumption through an empirical comparison of electoral, legislative, and information-regulating institutions in two representative cases: Sweden and the United States. The empirical findings lead us to the conclusion that developmental liberal democracies represent not only a different kind, but also a deeper degree of democracy than protective liberal democracies. The implications for democracy promotion appear substantial.     

Ties that bind? The rise and decline of ethno-regional partisanship in Malawi, 1994–2009

In the first three elections following Malawi's return to democracy in 1993, voting patterns displayed a clear ethno-regional pattern. Then in 2009 the regional pattern broke down in dramatic fashion, with the incumbent President, Bingu wa Mutharika, attracting majority support across all three regions. This article first examines whether ethnic identities were at the root of Malawi's ethno-regional electoral pattern. Our tests show that while ethnic identities were associated with partisan attachments in some areas, regional patterns were more consistently related to other factors, particularly views of the government's performance and the inclusiveness of the ruling party. We then examine the breakdown of the regional pattern, drawing on trend analysis of public opinion data from 1999 to 2008. We show that by 2009 the majority of Malawians in all three regions had come to hold positive views of Mutharika's performance and had come to see his government as inclusive. We conclude, therefore, that shifts in patterns of partisanship had more to do with political factors – Mutharika's symbolic and substantive policies during this first term – than ethnic identities. Malawi reminds us that incumbents, when faced with incentives to construct multi-ethnic support bases, can use the power of the state to reach out across ethnic political boundaries and re-order supposedly entrenched patterns of partisanship.     

Does substantive democratization create more committed democrats? Surprising evidence from Africa

A growing body of evidence holds that citizens support democracy when they believe the regime has provided individual freedoms and political rights. Put simply, citizens develop legitimacy attitudes by learning about democracy. These findings, however, are based on citizens' evaluations of the procedural elements of democracy. Democratization also entails substantive reforms that likely impact legitimacy attitudes. This article provides the first test of how the success – and failure – of substantive democratization shapes legitimacy attitudes. Using data from the second round of Afrobarometer surveys, I find surprising results. Citizens who judge the regime to be more successful in substantive democratization are actually less likely to be committed democrats. I conclude with possible explanations of these surprising findings and reflect on the challenges for both future research and for the new democracies facing this situation.     

The effects of opportunities on insurgencies

There are several overlooked aspects of the 1987 Palestinian intifadah. This article focuses on its specific time context and offers an alternative theoretical framework for explaining it: the political process model. This model addresses the when question of social movements, and specifically, why it was that the Palestinian public participated at such an unprecedented level during the period of the intifadah. Comparison is made with collective behaviour and resource mobilization models.     

News,Talk, Opinion,Participation: The Part Played by Conversation in Deliberative Democracy

Deliberative democracy can be defined as a political system based on citizens' free discussion of public issues. While most scholars have discussed deliberative democracy normatively, this study attempts to test the validity of a model of deliberative democracy through examining the interrelationships among its four components: newsmedia use, political conversation, opinion formation, and political participation. Sufficient empirical evidence was found to support the hypotheses that (a) news-media use is closely associated with the frequency of political conversation in daily life both at general and issue-specific levels; (b) willingness to argue with those who have different opinions is influenced by majority perceptions and by news-media use and political talk; (c) news-media use and political conversation have positive effects on certain measures of the quality of opinions (argument quality, consideredness, and opinionation) and perhaps on opinion consistency; and (d) news-media use and political conversation are closely associated also with participatory activities, but more so with "campaigning" than "complaining."     

Indonesia's democratic stagnation: anti-reformist elites and resilient civil society

As Egypt and Tunisia begin difficult democratic transitions, comparative political scientists have pointed to the world's largest Muslim nation, Indonesia, as a role model. Seen as a stand-out exception from the global recession of democracy in the pre-2011 period, Indonesia has been praised as an example of a stable post-authoritarian polity. But a closer look at Indonesia's record in recent years reveals that its democratization is stagnating. As this article demonstrates, there have been several attempts to roll back reforms introduced in the late 1990s and early 2000s. While not all of these attempts have been successful, Indonesia's democratic consolidation is now frozen at 2005–2006 levels. However, the reason for this democratic stasis, the article argues, is not related to Diamond's notion of societal dissatisfaction with bad post-authoritarian governance. Opinion polls clearly show continued support for democracy despite citizen disgruntlement over the effectiveness of governance. Instead, I contend that anti-reformist elites are the main forces behind the attempted roll back, with civil society emerging as democracy's most important defender. This insight, in turn, questions the wisdom of the decision by foreign development agencies – in Indonesia, but other countries as well – to reduce their support for non-governmental organizations and instead intensify their cooperation with government.     

The state-in-society approach to the study of democratization with examples from Japan

How does an undemocratic country create democratic institutions and transform its polity in such a way that democratic values and practices become integral parts of its political culture? This article uses the case of Japan to advocate for a new theoretical approach to the study of democratization. In particular, it examines how theoretical models based on the European and North American experiences have difficulty explaining the process of democratization in Japan, and argues that a state-in-society approach is better suited to explaining the democratization process' diverse cultural contexts. Taking a bottom-up view of recent developments in Japanese civil society through the close examination of two cases – one traditional organization dating from the pre-war era (neighbourhood associations) and one new-style group formed in 2000 (Association of New Elder Citizens) – this article illustrates how Japanese citizens have democratized their political culture at the grassroots. The state-in-society approach to democratization is particularly useful for the study of democratization processes in non-Western countries where the development of democracy requires not only the modification of a traditional political culture but also the development of new, indigenous, democratic ideas and practices.     

Why Play by the Rules? Constitutionalism and Democratic Institutionalization in Ecuador and Uruguay

This article argues that constitutionalism and democratic institutionalization are linked, and that variations in progress towards institutionalized democracy are explained by incentives for political actors to comply with constitutional constraints on their power and to cooperate in governing. The analysis examines the impact of incentives generated by political institutions on Ecuador and Uruguay's contrasting experiences in institutionalizing democracy. Institutions generate incentives for political actors to ‘play by the rules’ when they extend protections, align interest with duty, and encourage negotiation and compromise. Survival provisions, electoral rules, and the nature of parties and the party system are found to generate incentives to cooperate in governing and to comply with constitutional constraints in Uruguay, and disincentives to engage in these behaviours in Ecuador. A new classification of survival provisions is proposed – shared, mixed, and separate – which isolates the impact of these rules on the degree of cooperation in governing. The article's findings clarify the mechanisms by which institutional choices facilitate or obstruct the emergence of constitutionalism and institutionalized democracy.     

Assessing democracy from below: A framework and indonesian pilot study

The emerging crisis of both elitist and popular strategies of democratization calls for assessments of the problems and options in such a way that different arguments may be put to the test while facilitating debate on improved agendas. This article first discusses the development of a framework for such assessments in the context of the most populous of the ‘third wave democracies’, Indonesia. The best audit of institutional performance, that of Beetham, is developed further by adding the scope of the institutions and the will and capacity of the local actors to improve and use them. This is followed by a presentation of the salient results from a thus designed survey comprising 330 questions to about 800 experienced democracy workers in all 32 provinces. Indonesia's actually existing democracy is surprisingly liberal and accepted as ‘the only game in town’. It suffers, however, from defunct instruments to really facilitate political equality and popular control of public affairs. This is due to monopolization of most rights and institutions by the establishment and the political marginalization of the democratic agents of change. The problems, however, are not all ‘structurally inevitable’. The article concludes by specifying the potential for improvements.     

Marketization,Class Structure,and Democracy in China: Contrasting Regional Experiences

After two and half decades of market reforms in China, the question of whether reforms have created favourable social conditions for democracy and whether the country's emerging entrepreneurial class will serve as the democratic social base have become hotly debated issues in both academic and policy circles. Based upon an analysis of two regions – Sunan and Wenzhou, the two prototypical local development patterns in China – the article argues that different patterns of economic development have produced distinct local level social and political configurations, only one of which is likely to foster the growth of democratic practices. It suggests that China's political future is largely dependent upon the emerging class structure and class relations that reform and development have produced. If the market reforms and economic development only enrich a few (like the Sunan case), then the possibility of democratic transition will likely be very bleak. Nonetheless, the possibility of a brighter alternative exists, as demonstrated by the Wenzhou case. These arguments thus link China's political transition to critical social conditions, echoing Barrington Moore's influential work on the social origins of democracy and dictatorship.     

Citizen participation and democracy in the Netherlands

Although citizen participation is regarded widely as vital to democracy, some wariness may also be observed towards it in cases where democracy is equated with representative democracy. This article investigates the dominant view of the Dutch political–administrative and academic elites on the meaning of participation with respect to the quality of democracy. The analysis shows that various forms of participation that might improve the quality of democracy have been discussed in recent years, without, however, subjecting either the existing political institutions or the traditional hierarchical approach to policymaking to any form of critical review. Citizen participation is seen mainly as an instrument to strengthen and support the way representative democracy now works. Although citizen participation is thought to encompass more than merely voting in elections, participation is not seen as an essential feature of democracy, but at best, as an instrument to improve the current functioning of representative democracy.