PHIL 105 Government and Society 2023 Handouts PDF

PHIL 105: GOVERNMENT AND SOCIETY Date Content Lesson 1 PART I Concept of Nation State  Elements of Nationhood Lesson 2 PART II THE CONCEPT OF STATE AND...

PHIL 105: GOVERNMENT AND SOCIETY Date Content Lesson 1 PART I Concept of Nation State  Elements of Nationhood Lesson 2 PART II THE CONCEPT OF STATE AND GOVERNMENT  State  Government  State Power  Arms of Government Lesson 3 TYPES OR FORMS OF GOVERNMENT  Monarchy  Tyranny  Unitary  County Government  Presidential and Parliamentary Governments  Military and Civilian Governments  Coalition Government  Transitional Lesson 4 State/Government Obligations to Citizens Lesson 5 THE CONCEPT AND NATURE OF SOCIETY  Definition of Society  Types of Society: Conventional societies, Natural societies, Theocratic Societies,  Authority and Society Lesson 6 & 7 DEMOCRACY  Principles of a Successful Democracy  Why Democracy doesn’t work  Types of Democracy Lesson 8 & 9 THE CONSTITUTION  The Constitution and Constitutionalism  Elections  Political Parties 1  Lesson 10 & PART 1I1 11  Communism  Capitalism  Socialism Week 12, 13 & PART IV 14 PHILOSOPHICAL REFLECTIONS ON THE THEORIES OF GOVERNANCE  Plato  Aristotle  Thomas Hobbes  John Locke  Jean-Jacques Rousseau  (Despotic Governance) Niccolo Machiavelli  (Conquest Theory of Governance) Karl Marx Week 12 continuation A Recap Note: These topics are wide and some will require time than the others, but I will do my best to give a fair treatment to all of them. Students are required to read hard the recommended texts in preparation for the class lectures. Course Outline by Dr. Anthony Ichuloi 2  PHIL. 105: GOVERNMENT AND SOCIETY Introduction Governance has become a “hot” topic as evidence mounts on the critical role it plays in determining societal well-being. The Secretary General of the United Nations, Kofi Annan, reflects a growing consensus when he states that “good governance is perhaps the single most important factor in eradicating poverty and promoting development”. The course will explore the concept of governance and attempts to answer some fundamental questions:  What are the characteristics of good governance?  Are there universal principles of good governance? If so, what are they?  How might we apply these principles to assess current governance regimes?  What are the forms of governance? How about Democracy?  What are the philosophical bases for governance? THE CONCEPT OF STATE AND GOVERNMENT The State To properly understand Government and society, it is important to understand the meaning and implications of the State.The state has emerged many times and in many forms throughout human history. Sometimes it has been lauded as the ideal expression of society, as in Plato’s Republic. Every state has people who belong to it (its citizens). The state exists for the purpose of, among other things, protecting and improving the lives of its citizens in society. In a democracy, the state exists because the citizens have given it the power to govern on the basis of what they want – known as the ‘will of the people’. Thus, the State is an institution formed by people occupying a particular geographical territory or area for a common goal and under one government - It has a population of people called citizens or members of that state. - It is a geographical territory. - It is a political organization and has a government as an agency carrying out its authority and responsibilities. - It is independent, sovereign and therefore not subject to outside control or interference. - It has the legitimate right to maintain its territory by use of force. - It can be made up of several nations. - It is able and has a legal obligation to enter into external relations (International co-operative) with other independents and sovereign states. The idea of sovereignty means that the state is politically independent from other states and is able to govern the citizens within its own territory. It is in principle equal to other states and, therefore, it is not subject to outside control or any other authority. The state is legally authorized by its citizens to enter into relations with other sovereign states on their behalf. Government On the other hand, the concept of government is closely allied to that of the State, since it designates the concrete system through which the objectives of the State. Government may be viewed as the machinery through which the State operates. It is one of the several elements that constitute a state. It is the machinery or apparatus through which the state operates; it is the agency of the state. It comprises the legislative, executive and the judiciary branches. The legislature makes law, the executive enforces them and the judiciary interprets and applies them. In a democratic society, the whole purpose, existence and lawfulness 3 of the government come from its ability to carry out people’s will. Government, therefore, is the political organization of the state. It is through the government that the will of the state is expressed and carried out. Thus, the government is an agency entrusted with the responsibility of carrying out the people’s will. We can see the government and state are two different things. To live in a given state as an organized social- political unit requires some organization. State Power Power is the ability to make and carry out decisions that are binding. This usually involves the capacity to control or change other people’s behaviour by promising positive rewards of threatening negative sanctions. Power can be legal (lawful) or illegal (unlawful). Power is legal when it is allowed by law, and illegal when not allowed by law. However, being lawful is not always the same as being justifiable, e.g. on moral grounds. When power is legal and justifiable, it is said to be legitimate. It is, therefore, possible for power to be allowed by the law (i.e. legal) but still be illegitimate. For example, the law allowed the system of ‘apartheid’ in South Africa but ‘apartheid’, a state policy of racism, was illegitimate. In this sense illegitimate means ‘not justifiable’, i.e. cannot be reasonably defended. Power can be exercised in many ways. These include the use of: -  Authority,  Influence  Manipulation; and  Force or threat of force. The state has legitimate power to control and influence actions within its borders. This power is held and used by the government. The principal organs of the government include: - a. The Legislature: The legislature makes laws and policies. It also supervises the work of the executive. b. The Executive: The executive carries out the policies and laws passed by the legislature. This institution runs the government. c. The Judiciary: The judiciary interprets and applies the laws passed by the legislature. This institution also deals with any disputes that occur within the state. Requirements for the separation of powers The principle of separation of powers requires that: -  There should be the least possible overlap in the powers and functions of the different arms of government;  There should be no overlap of staff in the different arms of government;  No arm of government should interfere with the functions and work of any of the other arms; and  No arm of government should be more powerful than any of the others. For example, if a widow makes a complaint that a certain (mail) chief has abused his executive power by allocating the land of her late husband to a friend of his, and it is the same chief who judges her complaint, then the principle of separation of powers between the executive and judicial functions of the government has not been applied. 4 Checks and balances These are mechanisms set up so that each arm of the government can check on the use of power by the other arms of the government. Checks and balances make sure that no part of the government has too much power, or goes beyond its functions. Examples of checks and balances in the constitution of Kenya are: -  The president, as head of the executive, can reject a bill passed by Parliament, although Parliament may override the President’s decision with a second vote.  The judiciary can cancel laws passed by Parliament if these laws are not in line with the constitution.  The judiciary can cancel any action by the executive if this action is not in line with the law or with the rules of natural justice.  The executive has to get permission, by asking Parliament to pass the national budget, to use public money for administration.  A judge cannot be dismissed from office by the President unless a tribunal has been appointed to investigate and recommend an action against the judge. The principle of separation of powers sets limits on the work of the judiciary, the legislature and the executive. It provides the checks and balances that prevent misuse of power by any of these three organs (or arms) of the government. Institutions of the state should be organized so that each one performs separate functions and has the independence to carry out its work properly. In summary, the principle of separation of powers ensures that the power of the government is distributed to the legislature, the executive and the judiciary, and makes sure that the government does not use its power against the citizens. It also makes sure that no one branch of government exceeds the powers and tasks allocation to it. TYPES OR FORMS OF GOVERNMENT Above, it has been said that government is the institution through which the state exercises its power over its territory; the agency through which the state manages the behaviour of the people within its borders. All states have the same attributes, namely: Population, Geographical territory, Political organization, and Sovereignty. But the states differ from each other in the types of government they have. The type of government in any state is the result of that state’s history, as well as its social-economic and political realities. In this sense every state is unique and there are, therefore, many different forms of government to be found around the world. a. Monarchy A monarchy is a system of government where the highest authority is a king, queen, emperor or empress – usually called a monarch. Power is vested in one person. The monarch’s authority is passed from one holder of office to another person within the family. All the people living in a country with such a government owe their loyalty directly to the monarch. A monarchy can be either absolute or constitutional.  In an absolute monarchy, the monarch exercises supreme powers; the monarch’s authority is final and his or her authority is not limited by the authority of any other institution.  A constitutional monarchy is one where the constitution controls the powers and authority of the monarch. A constitutional monarchy can be found in democratic states in which the monarch’s 5  role is largely ceremonial. Examples of monarchical governments in Africa include Swaziland (an absolute monarchy), Lesotho and Morocco. b. Tyrannical/Despotic Governments Tyranny is cruel and oppressive. Historically, benign tyrannies have tended to be insecure, and to try to maintain their power by becoming increasingly oppressive. The methods used is to overthrow a constitutional order and establish a tyranny are well-known. Tyranny does not have to be deliberate. In a tyrannical government there is: Control of public information and opinion It begins with withholding information, and leads to putting out false or misleading information. A government can develop ministries of propaganda under many guises. They typically call it “public information” or “marketing”. Vote fraud used to prevent the election of reformers It doesn't matter which of the two major party candidates are elected if no real reformer can get nominated, and when news services start knowing the outcomes of elections before it is possible for them to know, then the votes are not being honestly counted. Undue official influence on trials and juries Nonrandom selection of jury panels, exclusion of those opposed to the law, exclusion of the jury from hearing argument on the law, exclusion of private prosecutors from access to the grand jury, and prevention of parties and their counsels from making effective arguments or challenging the government. Usurpation of undelegated powers This is usually done with popular support for solving some problem, or to redistribute wealth to the advantage of the supporters of the dominant faction, but it soon leads to the deprivation of rights of minorities and individuals. Seeking a government monopoly on the capability and use of armed force The first signs are efforts to register or restrict the possession and use of firearms, initially under the guise of “protecting” the public, which, when it actually results in increased crime, provides a basis for further disarmament efforts affecting more people and more weapons. Militarization of law enforcement Declaring a “war on crime” that becomes a war on civil liberties. Preparation of military forces for internal policing duties. Infiltration and subversion of citizen groups that could be forces for reform Internal spying and surveillance is the beginning. A sign is false prosecutions of their leaders. Suppression of investigators and whistleblowers 6  When people who try to uncover high level wrongdoing are threatened, that is a sign the system is not only riddled with corruption, but that the corruption has passed the threshold into active tyranny. Use of the law for competition suppression It begins with the dominant faction winning support by paying off their supporters and suppressing their supporters' competitors, but leads to public officials themselves engaging in illegal activities and using the law to suppress independent competitors. A good example of this is narcotics trafficking. Subversion of internal checks and balances This involves the appointment to key positions of persons who can be controlled by their sponsors, and who are then induced to do illegal things. The worst way in which this occurs is in the appointment of judges that will go along with unconstitutional acts by the other branches. Creation of a class of officials who are above the law This is indicated by dismissal of charges for wrongdoing against persons who are “following orders”. Increasing dependency of the people on government The classic approach to domination of the people is to first take everything they have away from them, then make them compliant with the demands of the rulers to get anything back again. Increasing public ignorance of their civic duties and reluctance to perform them When the people avoid doing things like voting and serving in militias and juries, tyranny is not far behind. Use of staged events to produce popular support Acts of terrorism, blamed on political opponents, followed immediately with well-prepared proposals for increased powers and budgets for suppressive agencies. Sometimes called a Reichstag plot. Conversion of rights into privileges Requiring licenses and permits for doing things that the government does not have the delegated power to restrict, except by due process in which the burden of proof is on the petitioner. Political correctness Many if not most people are susceptible to being recruited to engage in repressive actions against disfavored views or behaviors, and led to pave the way for the dominance of tyrannical government. c. Democratic types of governments/Constitutions A democratic form of government exists with the consent of people. This may be expressed by having elections at set times – for example, every five years in Kenya. It is a government by the people and the will of the people is supreme. The basic characteristics of a democratic type of government include: -  Adherence to democratic principles, namely: -  Liberty, 7   Social justice,  Equality of all citizens, and  Respect for the rule of law;  Being responsible for the welfare of the people;  Separating functions between the executive, the legislature and the judiciary;  Accountability within the state, its institutions, political parties, private and civil society organizations;  Encouraging and protecting the civil, political, social-economic and cultural rights of its citizens;  Setting up ways in which the citizens can take part in the decision-making processes;  Providing equal chances to all citizens without discrimination of any kind; and  Holding free and fair elections at set times. A democratic government normally evolves when the society is also democratic and when the citizens carry out their civic duties. It also requires control by the citizens on the operations of the government. Periodic elections have the aim of promoting the ‘civil vigilance’ or citizens control on the democratic direction of the government. d. Unitary (Centralized) Government A unitary (centralized) government is one in which government authority is concentrated in a single central body and that national or central government is supreme over other levels of government that might exist in a given state. The central government exercises ‘centralised’ control over all other units. For administrative purposes the state may be divided into different units/local governments, units, regions or districts and provinces. The central government has full legal right to over-rule such local governments since these units are not independent. The authority of these units is taken from the central government and can be taken back. They are not only created by the center, they owe their existence to the center and are subordinate to the national Government. The principle that governs a unitary constitution is Unitarianism. The word ‘Unitarianism’ means the concentration of political power in the hands of one visible sovereign power; be it that of a parliament or a legitimate dictator. In short, a unitary constitution means that sovereignty is exercised from one source rather than from many sources. It is a unit centre of power, meaning that power emanates from one source only. The characteristics of a unitary (centralized) government include: -  Central government being the principal power and other units of the government being its agents;  Central government having all the powers and authority over the entire territory;  Central government exercising control over all other regions and units of the government;  Other units of the government being at a lower level relative to the central government;  Other units of the government having their powers increased, decreased or even withdrawn by the central government; and  The laws, policies and administrative structures for government are the same for all units. A unitary government and constitution means that sovereignty is exercised from one source rather than from many sources. It is a unit centre of power, meaning that power emanates from one source only. 8  e. Federal Government/County Federal government divides power between different geographical units (regions or territories) that make up the state. The different units come together to secure the common good. The equal standing of the different units is the first rule of federalism. All the units making up a federal system have equal standing. A federal government under a federal constitution or system can be defined as a constitutional arrangement in which the powers of government are distributed between the central and component units. In its strict sense, it means the distribution of powers between the government at the federal level and those of the federating or co-ordinate states who are relatively autonomous. This means in effect that the powers being exercised by these component states are distributed along what is known as reserved or shared powers. A federation is union of autonomous states who have come together to become a larger political entity. In a federal state each of the component states, like the federal government, derive their powers from the same source - the constitution such that neither the central nor regional governments are subordinate to each other, but rather the two levels of government are coordinate and equal. The component units must be fairly equal in size and population so as to prevent one unit from dominating the other or a combination of two or more units, from dominating the entire federation. It is undesirable that one or two units in a federation should be so powerful that they can overrule the others and bend the will of the Federal Government to itself. There must be some sort of reasonable balance, which will ensure that all the units can maintain their independence within the sphere allotted to them and that no one can dominate others. John Stuart Mill elaborated on this saying: It is essential in a federation that there should not be any one state so much powerful than the rest as to be capable of vying in strength with many of them combined. If there be such a one it will insist on master of the joint deliberations, if there be two, they will be irresistible when they agree; and whenever they differ everything will be decided by a struggle for ascendancy between the rivals. The main characteristics include the following: -  Each federal unit is independent of the other regions.  Both the central government and the federal units have the area in which they work clearly defined in the constitution. Any changes in their powers must be in line with what is spelt out in the constitution.  By forming a union, the different units do not lose their identity. They retain it and remain independent in character.  The different units, however, are not sovereign. The central government has sovereign power and it has the greatest authority.  The federal units deal with matters of local importance while the central government is responsible for issues at national and international levels. A federal government under a federal constitution is made; it does not grow. It is the result of a deliberate effort by different regions to form a union because they see that there is strength in a union. Federalism encourages unity in diversity and a very potent instrument for national integration in plural societies. It is an ideal system for large and heterogeneous countries like the United States, China, Russia and India. It is a delicate arrangement that requires mutual tolerance. In any federal 9 state, the role of the judiciary or the court is vital to ensure that no level encroaches on the other. Its major disadvantage is that it is expensive to run because of duplication of government departments. f. Presidential and Parliamentary Governments Presidential government: A presidential government is one in which the presidency is the most important institution for control and decision-making in the state. A presidential constitution is one in which all the executive powers are vested in the country’s president, who serves as the head of government and the head of state. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. In the presidential government and constitutional arrangement, the Head of the state/or the President, is also the head of the government. The term of office of a president ends after a period of time set by the constitution. Parliamentary government: A parliamentary government is one in which the real power of the government lies with Parliament; the legislature thus has supreme authority. A parliamentary system of government under parliamentary constitution is one in which the executive powers are vested in a prime minister who is the head of government and the head of the majority party. However, he is not the head of state, but the ministers are responsible to Parliament and remain in office so long as they have the confidence of the parliament. The legislature can and may overrule the executive in matters of policy and law. Many countries, including Kenya, have a mixture of ‘Presidential supremacy’ and ‘Parliamentary supremacy’. g. Military and Civilian Governments i. Military government: A military government is one in which the armed forces or the military exercise power over the state. They get their power by military strength or force. This is called a coup d’etat. World opinion is now generally against military governments. ii. Civilian government: A civilian government is one whose leadership is made up of representatives of the general will of the citizens and not the military. We shall discuss this later in Hobbes, Rousseau, etc. Although many civilian governments arise from the consent of the country’s citizens (especially through elections), a civilian government is no guarantee of democracy. Some civilian leaders have dictatorial tendencies and block citizens’ participation in the decision-making processes. The leadership assumes control of the government and stops the people from taking part in public affairs or in deciding how they want to be governed. Most governments in the world today – including Kenya – are civilian governments. They are often formed through elections in which people make choices about who should be their representatives. h. Coalition Government Coalition government is a system in which political parties share positions in the government. In some cases, a political party that wins most of the Parliamentary seats may form the government (the Executive). It may appoint ministers and their assistants. Such a system is normally referred to as a ‘winner-takes-all’ system. In other cases, a number of political parties may get together and agree on forming the government. The executive would therefore be made up of ministers and assistant ministers 10  from more than just the majority party. It would be made up of an alliance, or a coalition of political parties. A coalition government is common in two situations:  One is where political parties have similar policies or positions in general, or they share opinions on specific issues. In this case they form alliances to push forward their policies or positions.  The other situation is where a winning political party does not have enough seats in Parliament to enable if to form a state majority government. It therefore negotiates with other parties to form a government. i. Transitional Government A transitional government is a temporary government. It is formed for a short period of time to manage certain major changes in a country. It is transitional because its purpose is to enable the changes to be put in place so that a more permanent and stable government can take over. A transitional government is usually put in place where there are major political changes occurring in the state. An example of a transitional government is South African, which was moving from the system of racial discrimination (apartheid) into a new constitutional system where all citizens have equal rights. j. Government of National Unity A government of national unity comprises different political parties representing different interests. The purpose of such a government especially in a politically divided society is to bring together different groups into the government; it seeks to include all political parties in the management of public affairs. The government formed is usually made up of all political parties and as many political interest groups as possible. This gives both majority and minority parties a stake in the government. In some cases, a government of national unity is formed when there is a national political crisis such as the breakdown of the state and state institutions. Whereas a coalition government seeks control, a government of national unity seeks participation of all political parties or interest groups. State/Government Obligations to Citizens The Will of the People Any government is obliged to respect the Will of the People. The ‘will of the people’ is what most of the people want or would like. It gives power to the state. The power is exercised by the state through the government. It is through the government that the will of the people is known and carried out. The will of the people can be shown through, for example, elections or a referendum. In elections people choose who should be given the job of representing them. A referendum is a way of asking the citizens who have the right to vote for their choice on a political issue or question. A direct decision is made by voting. The will of the people can be shown through: elections or a referendum. In elections people choose who should be given the job of representing them. A referendum is a way of asking the citizens who have the right to vote for their choice on a political issue or question. A direct decision is made by voting. Both majority and minority groups are citizens of the state. It is important, therefore, for the greater number of the citizens (known as the majority) to make room for the rest of the citizens (known as the minority). The state has certain duties to its citizens. These generally, arise from the loyalty it receives from citizens and the powers which the citizens have given to the state. 11 Duties of the state to the citizens include: -  Protection of the constitution,  Respect for the rule of law,  Protection of democratic institutions,  Protection of freedoms and rights, and  Conflict management  Defence The state has to defend its territory and population from external and internal threats. On internal threats, the state is to maintain law and order. The state has a police force to provide internal security and to deal with threats inside the country. The police force may be made up different sections or departments with specific functions. On external threats, the state has military and para-military institutions for dealing with threats from outside its borders. In Kenya, for example, these include: -  The army,  The navy, and  The air-force  Law and Order The state has a police force to provide internal security and to deal with threats inside the country. The police force may be made up different sections or departments with specific functions. In Kenya, for example, there is a police force that is divided into several sections. These include: -  The regular police force,  The criminal investigation department (CID),  The national intelligence services,  The traffic police,  The Kenya police reserve,  Police air wing,  Anti-stock theft unit,  Anti-narcotics unit,  The administration police, and  The general service unit. Another important agency used for maintaining law and order in Kenya is a Provincial Administration. The military may under special circumstances also be used to deal with internal threats.  Treaty-making and International Relations The state may enter into agreements with other states or regional or international bodies on behalf of the citizens. Such agreements are referred to as treaties. On International relations, the creation of positive relations between the state and other states (which are recognized by international law) is good for the state itself. This allows citizens to relate more easily with those of other states. Such relationships may, among others, be in the form of:  Trade,  Travel,  Education, and  Cultural exchange  Enabling Environment 12 Peace, security and stability are important conditions for having development and order in a society. The state has a responsibility to create conditions for peace and general stability so that citizens can carry out their political, economic and socio-cultural duties without difficulty.  The state has to help and make it easier to develop roads, rail, airports, electricity, telephones, hospitals and other health facilities as well as educational institutions.  It is also the work of the state to pass laws, rules and regulations that protect people and their property.  It is also the responsibility of the state to provide security to the citizens by promoting 13  THE NATURE OF SOCIETY Definition of Society The term “society”, like many other terms used by anthropologists, derives from common usage and consequently is variously defined by different scholars. Zinsberg says, “a society is a collection of individuals united by certain relation or modes of the behaviour which mark them from others who do not enter into these relations or who differ from them in behaviour.” W. Green defines society in the following way: “A society is a largest group to which any individual belongs. A society is made up of a population, organization, time, place and interest.” From these definitions, we notice several elements: 1. There can be no actually existing society without members. Without individuals we cannot imagine of a society or vice versa. The number of persons is not specified, but there must be at least two; otherwise there can be no togetherness or commonness of interests and activity. 2. The members must be united in a stable or enduring way. A single act of working together may be only a haphazard occurrence. The union need not last for forever or for life but must last for some considerable time. 3. The members must cooperate or work together for the attainment of some end. This end will be some common good that all the members will share in and that no member could accomplish singly. 4. Society is held together by bonds, moral bonds of means and end. Society exists only there where social beings behave morally. Either the members bind themselves by contract, pledge, or agreement, or else the bonds are imposed upon them by some law, natural or positive. 5. To guide the cooperative effort to the common good, society must be equipped with that moral power called authority. Authority is the right to determine the means and direct the members in their use. 6. Society is a network of relationship; it is based on social-interactions 7. There is a sense of mutual awareness among the members of the society. Many living beings thrive in groups, clusters, colonies, or herds, in which there may be some degree of co- operations and even a primitive form of leadership. But society is considered to be uniquely human, and therefore, must consist in something more than mere togetherness, be it of place or of activity. Hence we may define society as an enduring union of a number of persons morally bound under authority to cooperate for a common good. Society is not a physical thing. The only thing physical about it is the members and their actions. But it would be a mistake to say that society is not real. Society is a kind of relation, not a single relation but a number of relations unified and systematized into an order. This order aims at achieving the end, the common good, which is the goal of society. Society is Natural to Man Man is naturally social; this is brought by the following characteristics of human nature: a. Man dislikes solitude and craves companionship. Some solitude is good for man, but excessive solitude can go so far as to unhinge reason. Men spontaneously seek others and enjoy their company, whereas loneliness sets up a veritable hunger in the soul. b. Man cannot take care of himself alone. The child must be reared by its parents for many years. Even in adult life a solitary man cannot supply himself with the bare means of subsistence, not to speak of the goods required for living a decent life befitting a human being. 14  c. The gift of language fits man to communicate with his fellows, to discuss projects of common interest, to agree on means and ends for cooperative effort. Unless man was to live a social life, the faculty of speech would be given to him for no purpose. d. Intellectual and moral development requires constant communication of ideas among men, an exchange possible only in society. If small isolated communities stagnate because they are out of touch with new ideas, how much more would this condition be true of single individual? Human nature has properties which fit and impel man to live in company with his fellow men and to cooperate with them for common ends, and this cooperation is more accurately obtained if men bind themselves thereto, each guaranteeing his help to the rest so that all can depend on it; when men bind themselves together in this fashion, they form society. Types of Society It has been said that human beings are naturally social, that they live in society, and that society is natural to them, no reference is made to any specific grouping. We have some informed societies or an organized group along the line of ethnicity, linguistic, geographical, neighborhood, class and cultural dimensions. They are united by the fact of their common location or interest rather than by any deliberate decision. They find themselves together rather than gather together. Opposed to these are associations or organizations which are deliberately instituted with a determinable structure for specified ends under a definite authority. These groups are societies in the strictest sense. There are many kinds of societies but for our purpose we classify them under three main headings conventional, natural and theocratic.  Conventional societies are artificial products of human contrivance founded by the free agreement of people who seek the end and choose the means. Clubs fraternities, athletic leagues, business firms, labour unions all such organizations are conventional. They may be established or abolished without affecting human nature as such.  Natural societies on the other hand are those conceived of as required by human nature. Human beings, reasoning on their own rational and free nature and its need perceive that they are morally obliged to form those societies without which they would be unable to live in a way consonant with their human dignity. The two examples of natural societies are the family and the state.  Theocratic society: This is founded on religious principles and ideology. It is a religious society grounded on faith of her members. Authority in Society Authority is the right to make and carry out binding decisions by virtue of one’s legitimate office or position. In other words, it is the right to exercise power because of the position one legitimately occupies. Authority in any society, be it Conventional society, Natural society or Theocratic society is the right of a society to direct and compel the members to cooperate toward the attainment of the end of that society. It comes from the laws and rules governing the functioning of that job or position, not form the person using that authority. These laws also define the limits of the powers of that job or position. No society can function without authority, but this proposition is denied by anarchists who argue that:  Social life and the absence of all restraint are compatible, that authority is necessary now only because of the imperfect condition of society. 15   Society has evolved from despotic to monarchic to aristocratic, from aristocratic to democratic, and that the next step should be from democratic to anarchic. There is a gradual lessening of authority as man rises to a higher degree of development. Communists, despite their differences with the anarchists, have the same idea of the fully developed communist society when the “state would have withered away.” The difference is rather about means of accomplishing this end than about the character of the goal itself. Anarchism takes an absurdly optimistic view of human nature. We must take human nature as it is, untainted with any rosy colours supplied by our imagination. A realistic appraisal shows that no society could endure without authority. Authority is needed: 1. To remedy ignorance. Only the more general principles of the natural law are evident to all; the remote conclusions are not easily grasped and must be enforced by one having the moral power or authority to do so for the common good and public order. 2. To enforce justice. Men are eager to claim benefits but prone to shirk duties; someone must see to it that both of these are distributed fairly, that the greedy are restrained and the slothful are stimulated. Besides direction, enforcement with the right to use penalties is necessary. 3. To provide leadership. Though all may agree on the end of human society, there may be many disputed on the means to be used in attaining the end; someone must be empowered to choose the means and to insist on the cooperative use of the means chosen. Cooperation is impossible without direction and control. Authority is, therefore, essential to every society, since without it the society cannot exist or fulfil its function. The first two points mentioned stress the substitutional function of authority, by which it remedies human deficiencies either of intellect or of will. This kind of authority tends to diminish and become unnecessary the more it fulfils its function; thus paternal authority disappears when the child reaches adulthood and corrective authority ceases when the delinquent has been reformed. A chief difficulty of the anarchists is that they consider this function of authority alone. The third point mentioned brings about the essential function of authority, which would exist even in a society of perfect human beings. Because there could be several sets of equally effective means to the end, yet only one set can be used cooperatively, someone would have to choose between them and prescribe their use. 16  DEMOCRACY Meaning of Democracy It started in Ancient Greece, where the word comes from ‘demos’- people and ‘Kratic’- power. The democratic form of government is an institutional configuration that allows for popular participation through the electoral process. According to political scientist Robert Dahl, the democratic ideal is based on two principles: political participation and political contestation.  Political participation requires that all the people who are eligible to vote can vote. Elections must be free, fair, and competitive. Once the votes have been cast and the winner announced, power must be peacefully transferred from one individual to another. These criteria are to be replicated on a local, state, and national level. A more robust conceptualization of democracy emphasizes political contestation, which refers to the ability of people to express their discontent through freedom of the speech and press. People should have the ability to meet and discuss their views on political issues without fear of persecution from the state. It encompasses the broad range of social institutions and movements where initiatives are taken by the people. Political democracy is in some way the crown of economic, social and cultural democracy and at the same time the one which supports them. Political democracy is the Government: a. Of the people b. By the people c. For the people Democracy is a way of ruling, of government which is “of the people”. This is done through a Parliament as a supreme legislative power under a constitution determined and approved by the people themselves. The ruling by the Parliament is done by representatives of the people (members of parliament). It is said to be done “by the people,” as the representatives have been freely elected by the people themselves on the principle of “One person, one vote.” The representatives in the Parliament are expected to stand “for the people”. It means that they have to represent the opinion of the people and not their own, and they have to rule for the interests of the people and not for their own. The people here does not mean the mob, since the mob does not think, being irresponsible for its actions, which in most cases lead to dictatorial leadership but rather a people with enlightened conscience, responsible, educated, visionary, etc. In a democratic regime, every citizen has the right: a. To express his/her own opinion about the duties and sacrifices imposed upon him/her b. Not to be forced to obey without first being heard c. To full respect of his/her own dignity or freedom; in return the citizens give the state their sincere loyalty. A political democracy is a way of ruling where all the citizens: 1. Share in the discharging of political powers through the free election of members of parliament 2. Carry on freely their cultural, professional, religious and other duties within the limits of 17  the common good 3. Enjoy the free practice of their rights Thus, a democratic regime will always remember that the will of the people is sovereign and the leaders must submit to its authority and sanction. All the above points may mean little unless the citizens and in a special way the leaders are democratically minded, people who practice and preach respect for all human beings and the laws. PRINCIPLES OF A SUCCESSFUL DEMOCRACY People from around the world have identified the basic principles, which must exist in order to have a democratic government. These principles often become a part of the constitution or bill of rights in a democratic society. Though no two democratic countries are exactly alike, people in democracies support many of the same basic principles and desire the same benefits from their government. 1. Citizen Participation One of the most basic signposts of a democracy is citizen participation in government. Participation is the key role of citizens in democracy. It is not only their right, but it is their duty. Citizen participation may take many forms including standing for election, voting in elections, becoming informed, debating issues, attending community or civic meetings, being members of private voluntary organizations, paying taxes, and even protesting. Participation builds a better democracy. 2. Equality Democratic societies emphasize the principle that all people are equal. Equality means that all individuals are valued equally, have equal opportunities, and may not be discriminated against because of their race, religion, ethnic group, gender or sexual orientation. In a democracy, individuals and groups still maintain their right to have different cultures, personalities, languages and beliefs. 3. Political Tolerance Democratic societies are politically tolerant. This means that while the majority of the people rule in a democracy, the rights of the minority must be protected. People who are not in power must be allowed to organize and speak out. Minorities are sometimes referred to as the opposition because they may have ideas which are different from the majority. Individual citizens must also learn to be tolerant of each other. A democratic society is often composed of people from different cultures, racial, religious and ethnic groups who have viewpoints different from the majority of the population. A democratic society is enriched by diversity. If the majority deny rights to and destroy their opposition, then they also destroy democracy. One goal of democracy is to make the best possible decision for the society. To achieve this, respect for all people and their points of view is 18 needed. Decisions are more likely to be accepted, even by those who oppose them, if all citizens have been allowed to discuss debate and question them. 4. Accountability In a democracy, elected and appointed officials have to be accountable to the people. They are responsible for their actions. Officials must make decisions and perform their duties according to the will and wishes of the people, not for themselves. 5. Transparency For government to be accountable the people must be aware of what is happening in the country. This is referred to as transparency in government. A transparent government holds public meetings and allows citizens to attend. In a democracy, the press and the people are able to get information about what decisions are being made, by whom and why. 6. Regular, Free and Fair Elections One way citizens of the country express their will is by electing officials to represent them in government. Democracy insists that these elected officials are chosen and peacefully removed from office in a free and fair manner. Intimidation, corruption and threats to citizens during or before an election are against the principles of democracy. In a democracy, elections are held regularly every so many years. Participation in elections should not be based on a citizen's wealth. For free and fair elections to occur, most adult citizens should have the right to stand for government office. Additionally, obstacles should not exist which make it difficult for people to vote. 7. Economic Freedom and other freedoms People in a democracy must have some form of economic freedom. This means that the government allows some private ownership of property and businesses, and that the people are allowed to choose their own work and labour unions. The role the government should play in the economy is open to debate, but it is generally accepted that free markets should exist in a democracy and the state should not totally control the economy. Some argue that the state should play a stronger role in countries where great inequality of wealth exists due to past discrimination or other unfair practices. The general up keeping of human rights and democratic freedom; among this the most important are the freedoms of religion and conscience; of teaching, speech and the press, of association. The respect for the freedom of citizens including respect for the freedom of political opponents who must be allowed to express their own opinion, even in unorganised way (opposition) and within the limits of truth and justice 19 8. Control of the Abuse of Power Democratic societies try to prevent any elected official or group of people from misusing or abusing their power. One of the most common abuses of power is corruption. Corruption occurs when government officials use public funds for their own benefit or exercise power in an illegal manner. Various methods have been used in different countries to protect against these abuses. Frequently the government is structured to limit the powers of the branches of government: to have independent courts and agencies with power to act against any illegal action by an elected official or branch of government; to allow for citizen participation and elections; and to check for police abuse of power. 9. Bill of Rights Many democratic countries also choose to have a bill of rights to protect people against abuse of power. A bill of rights is a list of rights and freedoms guaranteed to all people in the country. When a bill of rights becomes part of a country's constitution, the courts have the power to enforce these rights. A bill of rights limits the power of government and may also impose duties on individuals and organizations. 10. Accepting the Results of Elections In democratic elections, there are winners and losers. Often the losers in an election believe so strongly that their party or candidate is the best one, which they refuse to accept the results of the election. This is against democratic principles. The consequences of not accepting the result of an election may be a government that is ineffective and cannot make decisions. It may even result in violence which is also against democracy. 11. Human Rights All democracies strive to respect and protect the human rights of citizens. Human rights mean those values that reflect respect for human life and human dignity. Democracy emphasizes the value of every human being. Examples of human rights include freedom of expression, freedom of association, freedom of assembly, the right to equality and the right to education. 12. Multi-Party System In order to have a multi-party system, more than one political party must participate in elections and play a role in government. A multi-party system allows for opposition to the party, which wins the election. This helps provide the government with different viewpoints on issues. Additionally, a multi-party system provides voters with a choice of candidates, parties and policies to vote for. Historically, when a country only has one party, the result has been a dictatorship. 13. The Rule of Law In a democracy no one is above the law, not even a king or an elected President. This is called the rule of law. It means that everyone must obey the law and be held accountable if they violate it. Democracy also insists that the law be equally, fairly and consistently enforced. This is sometimes referred to as “due process of law”. 20 14. The Principle of Subsidiarity It is the right of every citizen to play an active part in the social and political administration of public affairs. It is also a duty of the authority to share its responsibilities. This is to be held as a principle of good government and not as an expedient that allows the authority to somehow was its hands of some problems. It is an injustice and a grave mistake and disturbance of the right order, to transfer to the larger and higher collectivity functions which can be performed and provided for by lesser and subordinate bodies for the basic reason that every social activity should, by its very nature, prove a help to the members of the social body. Society should never completely absorb or destroy its elements. Shared responsibility reflects the unity of the state. Decentralization of powers to councils, elders, individuals, etc., attends to eradicate tribalism, corruption and monopoly of power by a few influential people. 15. The Principle of Solidarity This underlines the necessity for citizens:  To be united and in certain circumstances to form a block with certain sections of the population;  To share the needs and problems of others  To recognize and defend the dignity of each individual All citizens should seek the good of all. Solidarity is determinations to commit oneself to the common good – the good of all and of each individual, because we are all responsible for each other. For that reason, the good of all must be sought by every citizen, and each citizen should seek the good of all. To attain this, people need to work together in solidarity. Such attitude should be adopted willingly by all. 16. The Principle of Responsibility This is connected to the previous two principles; it is a necessary condition for their implementation. Responsibility is basically the power and the duty of each and all citizens to consciously take upon themselves to act or not to act and to be answerable to their decisions both in ethical and juridical matters. These principles are a matter of training for democracy; every citizen needs some training in democracy so that all may become democrats and some good democratic leaders. A democrat is expected to be knowledgeable: a democrat is one who knows what is going on in his country in the socio-economic and political fields. The ignorance of the people favours dictators who do not believe in democratic regimes or even despise them as well as the common citizens. A dictator once said of democracy the people do not know what they want and what is best for them. A hungry, ignorant and frightened population has no power to effect any change. 21 A truly democratic state is expected to develop the media as a means of public communications that can reach the grassroots. The democratic state should not manipulate this public means of communication. In fact, this can only work with public funds that are coming from direct or indirect taxation. Citizens who pay taxes have various opinions and may belong to different political parties. They have the right to air, and also to hear, different opinions and views. Agents of Democratization It is people’s actions that bring about democratization in any given political institution. These actions may be carried out by individuals, groups and organizations (private or public). Institutions of the state can also drive the democratization process. Some of the important agents of democratization and how they contribute to the process include: a. Interest groups: Collective action is carried out by groups or by institutions which can be organized as social groups, socio-economic groups, political networks and the media. These groups do not need a clear structure; they are not always easy to recognize and they may sometimes overlap with each other. All these groups play certain roles in society. From the point of view of democratization, they: -  Provide the ‘playing field’ for democratic struggles and their members make efforts to have a democratic environment within their own ranks;  Act as tools through which their members make an effort to contribute to democratic change within their communities or society; and  Provide (in the case of the media) political information and opinion, act as places for debate and attempt to influence social thinking. b. Political parties: The most common agents of democratization are political parties. The basic aim of political parties is to get state power and carry out their development agenda. For this purpose, they: -  Usually have constitutions which define their political objectives and structures;  Recruit and have members;  Issue manifestos or public statements of their principles, policies or goals of their development plans and their strategies for gaining state power; and  Look for political power by standing for elections and campaigning for support from citizens. Where a political party is elected and takes state power, it tries to influence politics and development in a direction that is in line with its stated plans and policies. Where it does not win enough seats to take state power, but secures some seats in Parliament, it becomes part of the opposition. It may then support or reject the policies and programmes of the political party. Part of the role of the opposition is to judge and comment on the performance of the party in power. It is supposed to keep the party in power ‘on its toes’. In this way, it helps democracy to grow as part of the checks and balances system. c. Civil society: Civil society refers to organizations and networks of people (outside the formal government institutions) which gain legitimacy for their existence and activities by promoting the public interest. Civil society, as an important agent of democratization, seeks to check the use of power by the state and by the political parties. Thus the role of civil society when it acts as an agent for democratization is to ensure that: -  The state is responsible and meeting its obligations to the citizens;  State power is used for the benefit of the citizens; and 22   As much power as possible is passed down to citizens and state organizations at the local level. d. The media: The term ‘media’ refers to all the methods used for passing information to people. Where media are able to pass news or information to a large number of people at the same time, this is called the ‘mass media’. The media are very important to the process of democratization. They can play many different roles, including: -  Providing news on political developments within the country;  Making democratic efforts or democratic results popular;  Acting as a place for debate on political issues and events;  Providing civic education; and  Reporting undemocratic and illegal activities Media, however, can be misused especially in regard to the type of information, education and entertainment given to the public. If the media are misused in this manner, they become an obstacle to democratization. e. Folk or community media: Folk or community media are methods that are used by ordinary people, a cultural group or a community to pass or spread information among the people. Although these were very common in traditional society, they are now largely being replaced by the modern media because of changes in technology and lifestyle. f. Print and electronic media: The print media, also referred to as ‘the press’, are the regular newspapers and magazines produced daily, weekly or monthly. The electronic media are the television and radio broadcasting stations. Computer or internet-based news and information also fall within this category. Facebook, twitter, social media, etc. g. State Institutions: Institutions of the state such as the judiciary, the civil service, parliament and other state-sponsored bodies such as Human Right Commissions and Anti-Corruption Authorities can also play an important role in the democratization process. These institutions can use state resources to carry out a number of democratization activities, including: -  Providing public education;  Playing a watchdog role by investigating, reporting and punishing undemocratic and illegal practices; and  Assisting citizens to gain access to justice where they have suffered violations of their democratic rights. BASIC TYPES OF DEMOCRACY Both in theory and in practice there are as many systems of democracy than democratic countries. Nevertheless, there are some general features as well as some groups of democratic systems that may be distinguished from each other. The democratic form of government is an institutional configuration that allows for popular participation through the electoral process. According to political scientist Robert Dahl, the democratic ideal is based on two principles: political participation and political contestation. Political participation requires that all the people who are eligible to vote can vote. Elections must be free, fair, verifiable, accountable, and competitive. 23 Once the votes have been cast and the winner announced, power must be peacefully transferred from one individual to another. These criteria are to be replicated on a local, state, and national level in any democratic society. Theoretically participation can be achieved by direct participation of all citizens (Direct Democracy) or by a body of elected representatives (Representative Democracy). Within the group of Representative Democracies, the focus may be on a strong president (Presidential Democracy) or on a strong parliament (Parliamentary Democracy). As already mentioned, the question is not whether there exist some forms of direct participation or of representation but rather on how much importance they are given in a certain system.  Direct Democracy in its original meaning it is a form of government where the right to make political decisions is exercised directly by the body of citizens, acting under procedures of majority rule or general consensus; direct participation of all citizens.  Representative Democracy is a form of government where the citizens exercise the same right not in person but through representatives chosen by and responsible to them; a body of elected representatives. Within the group of Representative Democracies, the focus may be on a strong president (Presidential Democracy) or on a strong parliament (Parliamentary Democracy). a. Presidential Democracy – the public elects the president through free and fair elections. In such a democracy, the president serves as both the head of state and head of government controlling most of the executive powers. The president serves for a specific established term and cannot exceed that amount of time. b. Parliamentary Democracy – a representative democracy where government is appointed by representatives. In Parliamentary Democracy people have more freedom than in a Dictatorship.  Constitutional Representative or Liberal Democracy is a form of government usually a representative democracy where the powers of the majority exercised within the framework of constitutional restraints designed to guarantee the minority the enjoyment of certain individual or collective rights, such as freedom of speech, religion, associations, etc. Constitutional Democracy – is a representative democracy in which the ability of the elected representatives to exercise decision-making power is subject to the rule of law, and usually moderated by a constitution. in Constitutional Democracy, leadership is not at the whim or will of the representatives.  Hybrid Democracies or semi-direct democracies – which combine elements of representative democracy and direct democracy. It is important to note that democratic regimes guarantee both electoral freedoms and civil rights. Any form of democracy tries in its own way to ascertain the will of the people and to bring public affairs into line with it. A truly democratic government must not be satisfied to be democratically elected, it must involve the people in the exercise of authority; governments, in fact exist for the service of the people, their purpose is to guarantee their welfare and peace and the exercise of their fundamental rights. However, if somebody takes the government by force, he must ensure the legality of a government through general elections before exercising authority. As already mentioned, the question is not whether there exist some forms of direct participation or of representation, but rather on how much importance they are given in a certain system. 24  1. Direct Democracy A Direct Democracy is one in which citizens have direct and active participation in the decision making of the government. A direct democracy must not become a dictatorship of the majority. It must have a Constitution protecting any minority, be it political, racial, ethnic, religious, or other, from oppression by majorities. DD citizens will decide on the Constitution. Protection of the minority can be achieved by four principles: 1. The minority must have the right to veto some decisions. All citizens will decide to what decisions this applies. 2. A minority may be exempted from carrying out some decisions it opposes. All citizens will decide when this applies. 3. Some decision will require a special majority of 60%, 70%, or 80% to become valid. All citizens will decide to which decisions this applies. 4. The right of any minority to express its views publicly is unconditional and permanent. This is the spirit of Direct Democracy. Any subverting of this principle subverts DD. Implementing these principles will strengthen DD and make it viable and durable. Without them there will be strife and hostility between minority and majority. Such strife will eventually break up the DD. Only if a minority feels secure in DD will it support it. This will make DD viable, durable, inspiring, and even enjoyable. In Direct Democracy, people have more freedom than in a Parliamentary Democracy. Contrary to Plato’s critique of Athenian Democracy 2500 years ago, both Aristotle and Socrates supported it, Direct Democracy will:  Stimulate people’s involvement in their community and society  Awaken their responsibility for their community and society  Inspire political creativity and goodwill stifled by all other political systems  Raise humanity to a higher level that will change not only society but also individuals  Transform the “person” from a selfish, bored, and indifferent, member in a static, corrupting and alienating political system into an active shaper of a consciously evolving society concerned with the well-being of the community, society, and humanity 2. Representative Constitutional Democracy The most common form of democracy today is Representative Constitutional Democracy. It is called representative because through elections citizens delegate their representative to make political decisions, to formulate laws and establish a government. When representative democracy operates according to a constitution that limits the powers of the government and guarantees fundamental rights to all citizens, it becomes also a Constitutional Democracy. Decisions for an entire society are made by very few people whose authority rests, ultimately, on the political ignorance of most people in society. They vary from a single decision-maker to a few, elected, decision-makers. In all decision-making systems a few decide for many. Today, as in the past, most people are excluded from deciding what their society should do, and how they should live. Those excluded from deciding how their society should live are not free. They live according 25 to decisions made by others. They are dominated by those who decide for them. The history of decision-making systems is a sequence of struggles by the dominated against their dominators for more say in decision-making. These struggles are motivated by the desire of most people to be free, to live by their own decisions rather than by decisions made by others. Such struggles have increased freedom in the Family, at Work, in Education, and in the State. Any group, from Family to Humanity, must have a system for making decisions binding all those in the group. Without such decisions a group does not function as a group. Rarely do all members of a group agree to all group-decisions. Some have to obey decisions made by others which they oppose. This is so in the Family, in Education, at Work, and in the State. Most people resent being dominated but dominators coerce - subtly or crudely - dissenters. When dissenters defeat coercion, they must establish new ways for making group-decisions else the group ceases to exist. Complete freedom is impossible in a group, yet most people prefer life in a group to living on their own. Though complete freedom in a group is impossible, it is often possible to increase freedom in a group. Most people today believe Parliamentary rule by elected Representatives provides the highest level of freedom possible in society. This was true before electronic communications were implemented. Since then a State far freer than Rule by Representatives is possible. a. The Rights and Duties of Representatives Elected representatives enjoy as many rights and duties: in fact, a duty without the right of exercising it has no meaning. Besides their general rights, members of Parliament also have some immunities and privileges that are usually prescribed by parliament and are designed to maintain their authority, independence and dignity. In general, such privileges are of two kinds: freedom of speech and freedom from arrest. Freedom of speech is one of the most cherished privileges of members of parliament who cannot be impeached in any court or place out of parliament. This in fact, is the only institution that can censure or punish the abuses of its members or their transgression of the rules of debate. Freedom from arrest is another privilege though it is limited to civil cases. In case of criminal cases, the courts are required immediately to inform the house of the cause of the arrest. Under the same condition, a member of parliament can be arrested for contempt of another court. b. Duties and Qualities of a Representative/ Member of Parliament Any office for efficient delivery requires that her members possess some qualities. Those who do not substantially have the qualities corresponding to their office should not stand for the corresponding duties. Some of the qualities include: i. Ability and Competence One may become a representative due to one’s theoretical political training in colleges. However, one’s fundamental ability for political life depends on one’s knowledge and personality. Political life covers so many areas and so diverse a field of relationships that no one can be sufficiently trained for it. The greatest politicians become so because of their general knowledge and 26 personality developed through self-training and through experience. In fact, there are many people who undergo theoretical political training in schools but do not become real “politicians” because they do not have the fundamental ability for it. The training, however, may be improved in different ways which include: 1. Listening: A true representative is expected to listen to different points of view. He/she should be informed and participate in various courses and workshops on leadership 2. Reading: a true representative should read widely including newspapers to open up his mind and views 3. Visiting: a good politician will seek to exchange views and experiences with people of other places, countries, regions for better exposure and experience. ii. Representativeness and Accountability A person elected by the people to speak for them must try to represent them effectively. He/she is the common voice of the people. When representatives receive the lists of topics to be discussed at the next meeting of parliament, he must make them known to the people and go round among them, making them understand the point in question and listening to their opinions. Once getting their opinions, then a representative takes them to parliament. Some members think that by being elected they now have full authority to speak for the people on their behalf on any question. This is wrong; they should get the agenda from the electorate and report to the electorate all the deliberations. This is what it means to be accountable. iii. Leadership A representative also has the duty to give a lead to the people of the constituency. Often people disapprove of the decisions and laws of the parliament just through ignorance. This usually happens when decisions are made in parliament about increasing taxes. It is the duty of the representative to enlighten the people on what use is made of such money and to show them how this increase may be necessary for the interests of the country, county and their children. iv. Impartiality True representatives must represent and defend the interests of everybody and the county, country as a whole. They will not favour only the people of their tribe, party, clan or religion at the expense of others. Nor will they allow themselves to be bribed so as to cast their vote, or give their support to money rather than to truth. Favouritism and bribery have been condemned by many groups in society. v. Reliability Some candidates make a lot of promises during their election campaign. If returned to power they must keep their promises as far as it is in their power. It would be advisable for them not to make too many promises. But once they have made them, then they must keep them. 27  vi. Presence at Meetings and Parliament Proceedings Attendance at meetings in Parliament may often be boring. A certain amount of patience and self- sacrifice is needed. Representatives should not be absent from them for petty reasons. Such absences may be a grave sin and betrayal of the will of the people they represent, particularly when important laws or motions are debated. Therefore, frequent walk-outs of meetings could be serious and harmful to the electorate. vii. Dutifulness to the Party When a representative has been elected as a member and with the help of a political party, he/she has certain duties towards that party. These are:  To abide by the programme of the Party: before any election campaign, a party prepares its programme. This is made known to the public through the press, campaigns, public discussion. The people voting for the party expect its programme to be implemented by the party when in power. The representative should know the manifesto of the party, embrace it, and propagate it.  Be united with all the Representatives of their Party: All representatives abide by the party programme; with this, strong unity is lived by the party leading to its success in parliament. While in parliament they share ideas with their leader of the party in parliament. This leads to unity of views and intent good for the people they represent.  To help the Party Financially: no party can make any progress without financial support. The sources of such support vary. But one of them, and the surest, is the contribution of a percentage of each elected or nominated member’s salary to the common fund. All the political parties of the world observe this practice, which usually works effectively  To help in the Organization of the Party: representatives selected as organizers of the party must give their full time to the duties of their office; they must avoid commitments or engagements which would prevent them from working for the strengthening and organizational development of their party. Direct Presidential Parliamentary Democracy Democracy Democracy Example: Switzerland Examples: USA, France Examples: UK, Germany, Spain, Italy Head of State The President is head of state Head of State Any member of government in turn (for and leader of the government is a different function than prime one year), no practical importance minister, it may be a monarch (queen/king) or an elected person 28 Government: members with equal President elected by the people Government elected by the rights, elected by the parliament, nominates the ministers parliament based on a majority, representing all major parties (not really [members of government] may be dismissed by the unanimous, but extremely stable) parliament (especially when based on a coalition of several parties) Parliament elected for a fixed legislative Parliament elected for a fixed Parliament elected for a legislative period, no dissolution; legislative period period, dissolution and early new changing coalitions, sometimes even clear institutional separation of elections possible if a clear extreme right and extreme left together parliament and government (but majority cannot be established against the center (though for different the officials may cooperate as reasons) closely as in the other systems, if they like to do so) Government members need not be Government members need not be Government members must be members of parliament members of parliament elected members of parliament Strong position of the people (frequent Strong position of the president Strong position of the political referendums on single laws) (veto) parties Laws are created in four steps: Laws are debated and passed by Laws are proposed by the 1. Draft by the administration the parliament; government (being the leaders of 2. Consultation of federal states, political lobbyists do not have a formal right the coalition of parties) parties, entrepreneurs, unions and other to be heard, but do exercise some laws are debated and passed by interested groups influence on members of parliament; 3. Parliamentary debate and final version parliament in reality; lobbyists do not have a formal right passed the president may block a law by to be heard, but do exercise some 4. Possibility of a referendum veto; influence on members of If a strong party or lobby threatens to call as the president is elected as a parliament in reality; for a referendum, the parliament might personality (not only as a party if there is a solid majority, be inclined to a compromise, the formal leader) by the people (not by the compromises are sought within the consultation process gives the public a parliament), he may or may not coalition (and may sometimes clear view of the critical aspects and the rely on a majority of the parliament represent tactics rather than pros and cons already at an early stage (in practice there have been some conviction), the opposition may be periods with a president forced to ignored until the next elections but cooperate with a majority of then laws may be revoked or oppositional members of changed by a new majority parliament) The process of making laws is rather A strong president may act If there are many small parties in a slow, which may be a handicap with immediately - but there is a certain country, the close dependence of more technically oriented laws risk that he rushes to conclusions the government on a parliamentary (regulating questions of broad public he may hardly be willing to majority may undermine the interest but addressing a small number of withdraw from even if they prove stability of the government. professionals). Laws concerning to be unwise from a later point of everybody's everyday actions, however, view. may get more attention and acceptance 29 by the public and therefore be more effective due to the intense public debate. History shows that from time to time the The separation of powers - though If there are only two relevant Swiss people does correct decisions of it might seem very clear in theory - parties and one has a comfortable parliament and government that give in does not automatically provide majority, the parliamentary system too much to lobby pressure, so Direct more effective checks and balances offers few effective checks and Democracy seems to offer effective between parliament and balances. checks and balances. But sometimes it government than in a just takes a long time (decades, not Parliamentary Democracy. years) until a new idea is finally broadly accepted. 30  TRADITIONAL AFRICAN DEMOCRACY or CONSENSUS/NEGOTIATED/CONSULTATIVE DEMOCRACY The respect for human dignity which is the basis of democracy is common in African political traditional societies and may be expressed in what is called “consensus democracy”. Political issues are discussed until a consensus is achieved: checks and balances are viable including sanctions against any possible abuse of power. This feature of talking till consensus is achieved is singled out by some thinkers as the cardinal principle of African democracy: In African society a man was born politically free and equal and his voice and counsel were heard and respected regardless of the economic wealth he possessed. Even where traditional leaders appeared to have greater wealth and hold disproportionate political influence over their tribal or clan community, there were traditional checks and balances including sanctions against abuse of power. In fact, traditional leaders were regarded as “trustees” whose influence was circumscribed both in customary law and religion. K. A Busia describes the consensus democracy as follows: When a council, each of which was the representative of a lineage, met to discuss matters affecting the whole community, it always had to grapple with the problem of reconciling sectional and common interests. In order to do this, the members had to talk things over: they had to listen to all the different points of view. So strong was the value of solidarity that the chief aim of the councillors was to reach unanimity, and they talked till this was achieved. Some have singled out this feature of talking till unanimity was reached as the cardinal principle of African democracy. The traditional consensus democracy is generally affirmed, not only as being a form of consultative debate in the decision making of the tribe, but also as a system full of checks and balances which ensured that nobody could abuse power or grab it for his own benefit. While often taking a lot of time, the African way of democracy through consensus had the big advantage of avoiding taking decisions by compromise which apparently would keep everybody happy but in reality caused dissatisfaction. It is true, however, that in traditional African society as everywhere else dictators appeared. For instance, some chiefs cooperated with slave traders. The famous of these dictators is Shaka Zulu of South Africa, Lubengula of Southern Rhodesia. Other values that characterised the pre-colonial times linked with African democracy are:  The prominence of customs and traditions: the unwritten constitutions were known and kept by all adults; customs were supreme.  In consequence of this administration of justice in general kept to rules however dictatorial the leaders were  All adults knew quite well what any king or chief could or should do or should not do; in some cases, unworthy leaders would be deposed in one way or another but usually peacefully. 31  THE COMMON TENETS/FEATURES OF DEMOCRACY Before we discuss the principles of democracy, it is basic to take into account that people from around the world have identified basic common features of democracy.  Separation of Powers: i. Legislative Power: parliament normally in two chambers ii. Executive Power: government and administration iii. Judicial Power: courts of justice  Constitution  Laws debated and passed by the parliament  Decrees by the government based on laws and regulating the details how to the laws shall be applied in practice  Elections  Political Parties  Referendums a. Separation of Powers The three arms of government have and exercise immense powers. If these powers are all held by the same authority, they may cause unspeakable damage. This is what happened at the times of absolute kings, whose word was law. How these powers are to work is usually laid down in a country’s constitution. Ordinarily the control of political powers is more effective where the institutions of the Government are separated. b. The Constitution The constitution is the basic law of a society. The role of the government is first of all to defend the constitution. This is basically because the constitution is the highest level of rules for the state and is above all other rules in the state. Any rules that conflict with the constitution are null and void and are therefore not applicable. Every state must have a constitution. The constitution spells out the way in which the state organizes itself. It is the set of rules, written or unwritten, which define:  How the state is organized;  How the power in the state is distributed;  The powers of the different departments of government; and  The relations between the people and their governors. It also limits the use of power by the state when the authority to do so is not given in the constitution. The constitution therefore: -  Defines the type of state it belongs to;  Describes its structures and institutions;  Describes the roles of the state structures and institutions; and  Describes the relationship between the state and its citizens.  It sets the rules for relations in a society both at the local and national level.  It is the basis upon which all other laws or rules are created for the society. The constitution also provides for “checks and balances” where each of the three branches of government is “balanced” and “checked” by the other two branches. 32 A constitution that is not guided by the above principles is not a constitution in the correct sense of the term. Constitutionalism Constitutionalism ensures that the rules which a society agrees to (its constitution) are carried out in practice; the enforcement of the Constitution. It is the process of the implementation of the Constitution. This is important because a constitution is the ultimate and superior law of a society. It is also the link between the theory of a constitution and the practices, which make it work. For a country’s constitution to work successfully,  it needs some basic principles such as separation of powers and the rule of law to be included in the constitution.  It also needs the rules in the constitution to be strictly followed by everybody. Constitutionalism is based on the understanding that a State’s constitution cannot help the citizens if it is not strictly enforced. For example, if a constitution states that elections should be held after every five years, then failure to do so would mean that people will not be able to exercise their right to choose their representatives. Further, if a constitution does not ban discrimination on sexual, religious, disability ethnic or racial grounds, then that constitution does not follow the goals of constitutionalism – it is a bad constitution. Constitutionalism needs the constant and faithfully carrying out of all the laws which apply to the governance system. It also requires that the state and the government are run along constitutional lines. The functions of constitutionalism are backed by two inter-linked principles:  The principle of separation of powers, and  The principle of the rule of law. The rule of law requires that society be governed according to law. Leaders must exercise their powers according to laid down law. Furthermore, it also requires that the law be applied to all people equally without discrimination on the basis of gender, race, ethnicity, colour, disability, social status and such other physical or social characteristics. Therefore, the goals of constitutionalism, separation of powers and rule of law all serve to make a constitution practical and useful to the people who abide by it. They seek to ensure that constitutional provisions are actually practiced and not ignored. The separation of powers limits the chance of a dictatorship by distributing powers equally between the three branches of government. However, it is important to note that it is possible for a “bad” constitution that is not governed by constitutionalism to exist. In other words, a constitution can exist without rule of law. Obvious examples of such constitutions are those decreed by military dictatorships. 33  c. The Universal Vote There are three main institutions by which citizens can operate democracy: i. The universal vote and general elections ii. Political parties iii. Parliament i. The Universal Vote In a democratic form of government, each person is to be given one vote. This is often expressed as “One man, one vote”. It is within the competence of the constitution passed by parliament to explain this right. The clear understanding of this right goes with a clear understanding of democracy. The vote gives the citizen a say in public life; it also gives him a share in the government. It is true that there are various ways of showing disapproval of government: for instance, one can write through the mass media protesting against it; public meeting can be held protesting certain decisions. But the most effective way of showing disapproval is by removing the government through which is no longer considered acceptable and replacing it by more suitable one. This is done by means of general election. “Universal” does not mean that the vote is to be given every human being. It means that it is to be given to all responsible citizens, to all, those who have some civic sense and wisdom. The most important point is who are to be considered responsible citizens. This is determined in constitution of each state. All governments agree not to give a right to vote to citizens or, in certain states, 18 years of age. To people of unsound mind; to those who, because of their crimes have been deprived of their civic right. The Universal Vote is a basic human right a. By this we mean that a human being capable of civic right has the right to vote: and this is not just because his right is given by the government, but it a basic natural right. Human beings are by nature equal, and no citizen has the right to rule another in political life without the latter’s consent. A government must admit the citizens’ right to choose their leaders b. When we say that the right is basically natural we do not mean it is as natural as right to liv