Locke and Montesquieu

The intellectual foundations of modern constitutional democracy were laid during the European Enlightenment, an 18th-century philosophic movement marked by its rejection of traditional social, religious, and political ideas and its emphasis on rationalism. Two of its most influentual thinkers were English political philosopher John Locke and French jurist and political philosopher Montesquieu.

In 1690 Locke published his seminal Two Treatises of Government. His assertion that all legitimate government rests upon "the consent of the governed" profoundly altered discussions of political theory and promoted the development of democratic institutions.

With his assertion of natural law, Locke rebutted the claim that government, specifically monarchy, was an aspect of a divinely ordained chain of being. Natural law is identical with the law of God, Locke argued, and guarantees to all men basic rights, including the right to life, to certain liberties, and to own property and keep the fruits of one's labor. To secure these rights, Locke argued, men in civil society enter into a contract with their government. The citizen is bound to obey the law, while the government has the right to make laws and to defend the commonwealth from foreign injury -- all for the public good. Locke asserted that when any government becomes lawless and arbitrary, the citizen has the right to overthrow the regime and institute a new government.

Locke's theory of natural law inspired a generation of Enlightenment philosophers in Europe and the New World -- from Jean Jacques Rousseau in France to David Hume in Scotland, Immanuel Kant in Germany, and Thomas Jefferson and Benjamin Franklin in what became the United States. But his foremost successor was probably Montesquieu who, like Locke, believed in repubican government based on the consent of the governed, but not in democracy founded on majority rule. In The Spirit of Laws, published in 1748, Montesquieu advocated separating and balancing powers between the executive, legislative, and judicial branches of government as a means of guaranteeing the freedom of the individual. This doctrine also helped to form the philosophical basis for the U.S. Constitution, with its division of power among the presidency, the Congress, and the judiciary.

Elections

The Benchmark of Elections
Elections are the central institution of democratic representative governments. Why? Because, in a democracy, the authority of the government derives solely from the consent of the governed. The principal mechanism for translating that consent into governmental authority is the holding of free and fair elections.

All modern democracies hold elections, but not all elections are democratic. Right-wing dictatorships, Marxist regimes, and single-party governments also stage elections to give their rule the aura of legitimacy. In such elections, there may be only one candidate or a list of candidates, with no alternative choices. Such elections may offer several candidates for each office, but ensure through intimidation or rigging that only the government-approved candidate is chosen. Other elections may offer genuine choices--but only within the incumbent party. These are not democratic elections.

What Are Democratic Elections?
Jeane Kirkpatrick, scholar and former U.S. ambassador to the United Nations, has offered this definition: "Democratic elections are not merely symbolic....They are competitive, periodic, inclusive, definitive elections in which the chief decision-makers in a government are selected by citizens who enjoy broad freedom to criticize government, to publish their criticism and to present alternatives."

What do Kirkpatrick's criteria mean? Democratic elections are competitive. Opposition parties and candidates must enjoy the freedom of speech, assembly, and movement necessary to voice their criticisms of the government openly and to bring alternative policies and candidates to the voters. Simply permitting the opposition access to the ballot is not enough. Elections in which the opposition is barred from the airwaves, has its rallies harassed or its newspapers censored, are not democratic. The party in power may enjoy the advantages of incumbency, but the rules and conduct of the election contest must be fair.

Democratic elections are periodic. Democracies do not elect dictators or presidents-for-life. Elected officials are accountable to the people, and they must return to the voters at prescribed intervals to seek their mandate to continue in office. This means that officials in a democracy must accept the risk of being voted out of office. The one exception is judges who, to insulate them against popular pressure and help ensure their impartiality, may be appointed for life and removed only for serious improprieties.

Democratic elections are inclusive. The definition of citizen and voter must be large enough to include a large proportion of the adult population. A government chosen by a small, exclusive group is not a democracy--no matter how democratic its internal workings may appear. One of the great dramas of democracy throughout history has been the struggle of excluded groups--whether racial, ethnic, or religious minorities, or women--to win full citizenship, and with it the right to vote and hold office. In the United States, for example, only white male property holders enjoyed the right to elect and be elected when the Constitution was signed in 1787. The property qualification disappeared by the early 19th century, and women won the right to vote in 1920. Black Americans, however, did not enjoy full voting rights in the southern United States until the civil rights movement of the 1960s. And finally, in 1971, younger citizens were given the right to vote when the United States lowered the voting age from 21 to 18.

Democratic elections are definitive. They determine the leadership of the government. Subject to the laws and constitution of the country, popularly elected representatives hold the reins of power. They are not simply figureheads or symbolic leaders.

Finally, democratic elections are not limited to selecting candidates. Voters can also be asked to decide policy issues directly through referendums and initiatives that are placed on the ballot. In the United States, for example, state legislatures can decide to "refer," or place, an issue directly before the voters. In the case of an initiative, citizens themselves can gather a prescribed number of signatures (usually a percentage of the number of registered voters in that state) and require that an issue be placed on the next ballot--even over the objections of the state legislature or governor. In a state such as California, voters confront dozens of legislative initiatives each time they vote--on issues ranging from environmental pollution to automobile insurance costs.

Democratic Ethics and the Loyal Opposition
Democracies thrive on openness and accountability, with one very important exception: the act of voting itself. To cast a free ballot and minimize the opportunity for intimidation, voters in a democracy must be permitted to cast their ballots in secret. At the same time, the protection of the ballot box and tallying of vote totals must be conducted as openly as possible, so that citizens are confident that the results are accurate and that the government does, indeed, rest upon their "consent."

One of the most difficult concepts for some to accept, especially in nations where the transition of power has historically taken place at the point of a gun, is that of the "loyal opposition." This idea is a vital one, however. It means, in essence, that all sides in a democracy share a common commitment to its basic values. Political competitors don't necessarily have to like each other, but they must tolerate one another and acknowledge that each has a legitimate and important role to play. Moreover, the ground rules of the society must encourage tolerance and civility in public debate.

When the election is over, the losers accept the judgment of the voters. If the incumbent party loses, it turns over power peacefully. No matter who wins, both sides agree to cooperate in solving the common problems of the society. The losers, now in the political opposition, know that they will not lose their lives or go to jail. On the contrary, the opposition, whether it consists of one party or many, can continue to participate in public life with the knowledge that its role is essential in any democracy worthy of the name. They are loyal not to the specific policies of the government, but to the fundamental legitimacy of the state and to the democratic process itself.

As the next election comes around, opposition parties will again have the opportunity to compete for power. In addition, a pluralistic society, one in which the reach of government is limited, tends to offer election losers alternatives for public service outside government. Those defeated at the polls may choose to continue as a formal opposition party, but they may also decide to participate in the wider political process and debate through writing, teaching, or joining one of many private organizations concerned with public policy issues. Democratic elections, after all, are not a fight for survival but a competition to serve.

Date: 2016-04-22; view: 1393