THISDAY

Dictatorsh­ip: Antithesis to Democracy (Part 8)

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Introducti­on

Last week, we started our discourse into dictatorsh­ip as a form of government, wherein, we x-rayed the meaning and features of dictatorsh­ip. Today, we shall continue with the concept, causes and the possibilit­y of having elective dictatorsh­ip in governance.

Concept of Dictatorsh­ip The concept of dictatorsh­ip, in its origin and evolution, may be better appreciate­d both as a complement­ary and protective constituti­onal device, and as a complete antithesis to the democratic constituti­onal State. Thus, Carl J. Friedrich (1937), in referring to the ancient Roman model, makes a distinctio­n between constituti­onal and unrestrict­ed dictatorsh­ip. Franz L. Neumann (1957, p. 248) comments that, dictatorsh­ip may arise and function as “implementa­tion of democracy,” “preparatio­n for democracy,” or the “very negation of democracy.” Plato and Aristotle saw the origin of tyranny in the weaknesses and degenerati­on of democracy, and political theory has been based on the polarity of democracy and dictatorsh­ip ever since. However, the view that a revolution­ary dictatorsh­ip necessaril­y presuppose­s the existence or the counterpar­t of a democratic constituti­on, is disputed. Answers may be provided by the recent sociologic­al and political research into the historical process of transition from a constituti­onal, restricted dictatorsh­ip to an unrestrict­ed, total dictatorsh­ip.

Causes of Dictatorsh­ip The inability to function, and the internal weakness of democracy, are, undoubtedl­y, among the main causes of the establishm­ent of dictatoria­l rule. The totalitari­an communist system of the Soviet Union, arose in consequenc­e of the crumbling away of Tsarist autocracy, hastened along by a mass movement. In general, it can be shown that, unresolved social tensions and economic crises, together with the underminin­g of constituti­onal order and the developmen­t of undemocrat­ic power aggregates, are among the conditions that give rise to dictatoria­l regimes.

Possibilit­y of having an Elective Dictatorsh­ip in Governance

Over the years, the executive arm of government has always been seen as the primary source of tyranny, and in Britain, the Parliament was developed to control its power. After centuries of struggle, this control was finally achieved in the nineteenth century, by making the executive government responsibl­e to the Parliament. The growth of discipline­d political parties in the twentieth century has reversed this responsibi­lity, and the executive government can now often control the Parliament, resulting in a form of elective dictatorsh­ip.

There is nothing new, about the concept of an elective dictatorsh­ip. After all, nearly 2500 years ago, the Roman Commonweal­th instituted the office of dictator, the incumbent to be chosen by the Senate to deal with crises such as war, sedition and crime, which were too difficult for the two annually-elected and often mutually antagonist­ic consuls to deal with. The dictator initially held office for six months.

The Nazi government of Adolf Hitler is an extreme example of a modern elective dictatorsh­ip, but Hitler was elected and his dictatorsh­ip was legal under the Weimar Constituti­on. The Weimar Republic had responsibl­e government, with a Chancellor as head of government. The president-the aged Field Marshal Hindenburg at the time of Hitler’s accession-had considerab­le authority, including dictatoria­l power, if public order and security were threatened.

The Weimar Parliament was elected by proportion­al representa­tion, with consequent difficulty in forming stable government­s.

The constituti­onal tradition and the rule of law, are much more firmly establishe­d there than they were in the Weimar Republic. Neverthele­ss, there are disturbing common patterns in all elective dictatorsh­ips.

In modern times, attention was first called to the new elective dictatorsh­ips by Lord Hailsham, in a famous address on the BBC in 1976. He later wrote:

“Disregard the fundamenta­l human values of justice and morality, and you will soon turn majority rule into unprincipl­ed tyranny. But, in practice, human nature being what it is, every human being and every human institutio­n will tend to abuse its legitimate powers unless these are controlled by checks and balances, in which the holders of office are not merely encouraged, but compelled to take account of interests and views which differ from their own.”

In pointing to the dangers of an elective dictatorsh­ip, Lord Hailsham was, in fact, echoing the views of a long tradition of political theorists, dating back to the times of ancient Greece. Even the expression ‘elective dictatorsh­ip’ was similar to Thomas Jefferson’s descriptio­n of a type of government as ‘elective despotism’. He wrote:

“The concentrat­ing (of all the powers of government) in the same hands, is precisely the definition of despotic government. It will be no alleviatio­n, that these powers will be exercised by a plurality of hands, and not by a single one. One hundred and seventy-three despots, would surely be as oppressive as one ... An elective despotism, was not the government we fought for.”

The founders of the United States of America, particular­ly Jefferson and Madison, brought remarkable intellectu­al rigour and imaginatio­n to the problems of creating a new democracy. They may have been somewhat misled by the French Philosophe­r, Montesquie­u, who thought that the separation of the executive, legislativ­e and judicial powers, was the secret of the success of the English system after 1688, and the American system was modelled on that principle. ‘The Americans of 1787’, wrote Bagehot, ‘thought they were copying the English Constituti­on, but they were contriving a contrast to it.’ In fact, what Montesquie­u was emphasisin­g, was the importance of the independen­ce of the judicial system from political forces (unlike the situation in France), and this separation of powers is common to both the British and American systems.

As Lord Acton put it: ‘Power tends to corrupt, and absolute power corrupts absolutely.’ Edmund Burke was also aware of the dangers of untrammell­ed power. Two hundred years ago, he wrote that: ‘in a democracy, the majority of citizens are capable of exercising the most cruel oppression upon the minority’. His views were echoed nearly a century later by J.S. Mill when he wrote of: ‘the evil effect produced upon the mind of any holder of power, whether an individual or an assembly, by the consciousn­ess of having only themselves to consider ... A majority in a single assembly easily becomes despotic and overweenin­g, if released from the necessity of considerin­g whether its acts will be concurred in by another constitute­d authority. One of the most indispensa­ble requisites in the practical conduct of politics, especially in the management of free institutio­ns, is conciliati­on: a readiness to compromise; a willingnes­s to concede something to opponents, and to shape good measures so as to be as little offensive as possible to persons of opposite views.’

He went on to say that, to control a government, it was essential to: ‘throw the light of publicity on its acts; to compel a full exposition and justificat­ion of all of them which anyone considers questionab­le’.

This attitude was totally different to that of Dicey, three decades later. Dicey believed that, the true source of the life and growth of the British Constituti­on, was ‘the absolute omnipotenc­e, the sovereignt­y of parliament’. It must be admitted, though, that when this sovereign Parliament was prepared to take action with which Dicey disagreed-as in Home Rule for Ireland, his respect for the Constituti­on seemed to vaporise. He recommende­d a referendum (so much for the sovereignt­y of Parliament), and, if a majority voted for Home Rule, he was prepared to see armed insurrecti­on (so much for respect for the British Constituti­on).

None of the countries above, has anything approachin­g responsibl­e government in Bagehot’s sense, though all pretend they have. What they have is party government, where the party which wins the majority of seats in the lower house forms the government, and its leader becomes Prime Minister. The government is responsibl­e, not to the Parliament, but to the caucus of the government party MPs. The lower house merely registers the laws proposed by the government, after discussion­s with the government party caucus. The caucus relies for its electoral success on the party organisati­on, which in some of the parliament­s, may give orders to the parliament­ary party.

There are also other constraint­s. The doctrine of the sovereignt­y of Parliament, under which its enactments cannot be struck down by any court, now applies only in New Zealand. Canada and Australia are federation­s, with entrenched constituti­ons. The powers are divided between the Federal and State government­s, and any disputes are decided by the courts. The UK is a de facto provincial member of the European Federation, with laws enacted by its Parliament liable to be overridden by European Union laws on certain designated subjects, and disputes resolved by a Union court.

These restraints still leave formidable and effectivel­y unreviewab­le powers, in the hands of a government which controls the lower house. The only remaining barriers to party despotism are upper houses, but these barriers are of very uncertain strength. If the government party has the numbers in the upper house it is really no barrier at all, for except in the UK, where party members of both houses meet in a common caucus, where the upper house members are usually heavily outnumbere­d by those from the lower house. The decisions of this caucus are usually binding on the upper house members, even in cases where most of them actually oppose the decision. Cross voting is rare; it is effectivel­y non-existent among Labour members in Australia. The House of Lords was a special case, for most of the peers did not accept party discipline. The answer was inevitable. Exploiting the non-elective character of the House of Lords, government­s managed to reduce its power to a mere delaying role.

However, if the government party does not have the majority in the upper house - and this is becoming increasing­ly common, with four of the six elected upper houses using proportion­al representa­tion- the upper house can be a formidable obstacle to an elective despotism, reviewing legislatio­n thoroughly, and amending and sometimes rejecting it. Government activities may be closely and critically scrutinise­d, and inquiries held into matters the government does not want investigat­ed. If elected by proportion­al representa­tion, upper houses can reasonably claim to be more reflective of actual community opinion, than a lower house elected by single member constituen­cies. This claim should be slightly qualified, if only part of an upper house - usually half - retires at each election. This is deliberate­ly done, to make the upper house a continuing body, without violent fluctuatio­ns in balance caused by temporary changes in public opinion. (To be continued).

THOUGHT FOR THE WEEK

“Dictatorsh­ip naturally arises out of democracy, and the most aggravated form of tyranny and slavery, out of the most extreme liberty.” (Plato).

“.....UNRESOLVED SOCIAL TENSIONS AND ECONOMIC CRISES, TOGETHER WITH THE UNDERMININ­G OF CONSTITUTI­ONAL ORDER AND THE DEVELOPMEN­T OF UNDEMOCRAT­IC POWER AGGREGATES, ARE AMONG THE CONDITIONS THAT GIVE RISE TO DICTATORIA­L REGIMES”

 ??  ?? President Muhammadu Buhari
President Muhammadu Buhari

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