by Peter Joyce
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Question
Carry out your own study of the application of the rule of law in any one country, indicating the extent to which this principle does and does not apply there.
Equality
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Insight
Equality refers to the ideal of citizens being equal. Historically societies have not treated all their citizens in the same way. There are various ways through which injustices arising from unequal treatment can be tackled.
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Initially, equality sought to remove the privileges enjoyed by certain groups within society so that all of its members were able to lead their lives without impediments being placed upon them derived from factors such as birth, race, gender or religion. This is termed formal equality and is based on views such as the assertion in the American Declaration of Independence (1776) that ‘all men are created equal’. This perception of a shared common humanity underpinned the extension of civic rights to all members of society. These included the rule of law (which emphasized equality of all citizens before the law) and reforms such as the abolition of slavery and the removal of restrictions to voting, thus providing for universal male and female enfranchisement.
Although formal equality removed the unfair disadvantages operating against some citizens, it did not tackle the underlying social or economic factors which might enable some members of society to achieve more than others. Other forms of equality have addressed this issue. Social equality is especially concerned with improving the status and self-esteem of traditionally disadvantaged groups in society. Equality of opportunity has underpinned reforms to aid materially the poorer and weaker members of society. This can be achieved by some measure of redistribution of wealth which in the United Kingdom gave rise to the Welfare State or by measures (including equal opportunities and affirmative action programmes) designed to help disadvantaged groups (including women, racial minorities and persons with physical handicaps) who have experienced discrimination in areas such as employment opportunities, pay and housing allocation.
Some socialists favour equality of outcome, which seeks a common level of attainment regardless of an individual’s background, personal circumstances or the position in society which they occupy. This may entail a levelling-out process whereby some members of society are penalized in order to ensure social equality. The abolition of wage differentials (so that all persons were paid the same wage regardless of the job they performed) would be one way to secure equality of outcome.
AFFIRMATIVE ACTION
Affirmative action (or ‘positive discrimination’) refers to a programme of measures designed to give preferential treatment to certain groups which have historically been disadvantaged as the result of discrimination encountered within a society. Such groups may include racial minorities who suffer from problems which include social and economic deprivation and political marginalization, but may also embrace other minorities such as persons with physical handicaps, and homosexuals who have been the victims of popular prejudice, which may have affected issues such as employment opportunities.
Affirmative action is a more radical approach than equal opportunity programmes. The latter seek to ensure that members of disadvantaged groups do not experience discrimination in areas such as job applications or interviews and will be treated on a par with applicants not drawn from minority groups. Affirmative action, however, seeks to ensure that positive steps are taken to guarantee that members of disadvantaged groups can gain access to facilities such as jobs, housing and education. One means of securing this is through the use of quotas: this would ensure, for example, that in an area in which 25 per cent of the population were from an African–Caribbean background, employment opportunities in the public and private sectors would reflect this.
Affirmative action programmes were initiated in America by the 1964 Civil Rights Act. Title VI of that Act prohibited discrimination under any programme which received any form of federal financial assistance and Title VII made it illegal to discriminate in employment matters.
To be effective, affirmative action needs to be underpinned by strong sanctions which may be applied against those who continue to discriminate against disadvantaged groups. In America, for example, the courts are empowered to hear class actions (that is, an application on behalf of an entire group which alleges discrimination and which, if successful, will result in all members being compensated). However, critics of this approach believe that failing to treat all members of society equally can result in injustices.
In America, for example, unhappiness with the application of affirmative action to university admissions (which could mean that qualified candidates were overlooked in favour of less qualified ones for whom a set number of places had been set aside) resulted in the Supreme Court case of Regents of the University of California v. Bakke (1978), which prohibited the use of rigid racial quotas for medical school admissions (although it did not prevent race being considered a factor when determining admissions, a situation which was latterly confirmed by the Supreme Court in 2003 in a decision affecting the admissions policy of Michigan State University’s law school). New right politicians were sceptical of affirmative action, believing that the position of disadvantaged minorities would be enhanced through the expanding economy rather than as the result of affirmative action programmes.
Questions
Distinguish between the terms ‘formal equality’ and ‘social equality’. What policies are associated with achieving these objectives?
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THINGS TO REMEMBER
Interpersonal relationships – how we relate to each other – are at the heart of politics.
Political behaviour is fashioned by a country’s political culture. This means that the conduct of politics in countries with similar political systems does not follow an identical pattern.
A political system embraces the wide range of influences that contribute to a state’s decision-making process. These include the formal institutions that comprise the machinery of government and informal mechanisms such as pressure groups and the media.
States perform a wide range of services for their citizens. Political ideology is a key determinant of the level of state activity.
We obey our rules because they possess both authority and power. Our acceptance of their right to tell us what to do is reinforced by sanctions that they may use to compel obedience when this is not voluntarily given.
In a liberal democratic political system the law occupies a key position in determining our conduct towards each other and the way in which we are treated by the state.
Public policy may be required to tackle a wide range of inequalities that have adversely affected the lives of citizens throughout history.
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2
Liberal democracy
In this chapter you will learn:
the key features of a liberal democratic system of government
the importance of elections in liberal democratic states
how the public can influence decision making in liberal democracies.
Definition
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Insight
A democratic society is one in which political power resides with the people who live there: it is they who are sovereign. A democratic political system is one whose actions reflect the will of the people (or at least the majority of them).
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Democratic government was initiated in the Greek city state of Athens in the fifth century BC. The word ‘democracy’ is derived from two Greek words, demos (meaning ‘people’) and kratos (meaning ‘power’). The term literally means ‘government by the people’. Initially, major decisions were taken by meetings which all free males attended. It was possible for government to function in this way when the population was small and when the activity of the state was limited. Today, however, ancient city states have been replaced by bigger units of government with a greater range of responsibilities delivered to larger numbe
rs of people. It is necessary, therefore, to invent a political system through which the notion of popular sovereignty can be reconciled with an effective decision-making process. We term such a political system ‘liberal democracy’. It has two fundamental characteristics. Government is ‘liberal’ in terms of the core values which underpin it and ‘democratic’ concerning the political arrangements that exist within it.
Political systems
A political system consists of the formal and informal processes through which demands are put forward and decisions are made. The term ‘system’ implies that the component parts which shape decision making form part of an integrated structure, in which stability is secured by the actions undertaken by governments broadly matching the demands placed upon them by public opinion, however this is articulated. If this fails to be the case, disequilibrium may occur in which demands outstrip a government’s willingness or ability to match them. This may result in revolution.
LIBERAL DEMOCRATIC POLITICAL SYSTEMS
Several forms of political system exist throughout the world, a key distinction concerning the allocation of power. In liberal democratic political systems, the public possesses the ability to make demands through a number of channels, which include political parties, pressure groups, the media, elections and extra-parliamentary political action. The suggestions which are put forward in this manner are key aspects of the agenda for the consideration of the formal institutions of government (the legislature, judiciary, executive and bureaucracy) which may also put forward policy proposals of their own. These institutions determine whether to act on demands which are presented to them and if so through what means. Their actions may involve repealing contentious legislation, enacting new laws or taking policy or budgetary decisions.
Popular consent in liberal democratic political systems is secured through representation: liberal (or, as it is sometimes referred to, representative) democracy entails a small group of people taking political decisions on behalf of all the citizens who live in a particular country. Those who exercise this responsibility do so with the consent of the citizens and govern in their name. However, their right to take decisions depends on popular approval and may be withdrawn should they lose the support of the population to whom they are accountable for their actions. In these cases, citizens reclaim the political power they have ceded and reallocate the responsibility for government elsewhere. Elections, which provide a genuine opportunity to exert popular choice over the actions and personnel of government, are thus an essential aspect of liberal democracies. This requires all adults having the right to vote, the regular holding of elections and political parties being able to compete openly for power.
There are wide variations in the political structures which exist within liberal democratic political systems. A major distinction is between those (such as America) that have presidential systems of government and those (such as the United Kingdom) that have parliamentary systems. In some, the executive branch of government tends to be derived from one political party but in others it is drawn from a coalition of parties, perhaps making for a more consensual style of government. These issues are discussed more fully in later chapters of the book.
Liberal democratic political systems are associated with the capitalist economies of first world countries. Marxists allege that an incompatibility exists between the political equality and social inequality found in such countries. They dismiss liberal democracy as ‘bourgeois democracy’ whose values and operations are underpinned by the defence of private property ownership and whose legitimacy is secured through the ideological control exercised by the ruling class.
Accountability
Accountability (which is often referred to as responsibility) denotes that an individual or organization to whom power has been delegated is required to submit to the scrutiny of another body or bodies to answer for the actions which have been undertaken. Additionally, the body or bodies to whom the organization or individual is answerable possesses sanctions which can be used in the event of actions being undertaken which are deemed to be unacceptable.
There are two forms of accountability. The individual or organization may have to seek prior permission before taking actions. Alternatively, accountability may entail an individual or organization being free to take actions but required to report what has been done to another body. This is termed ex post facto accountability.
In liberal democratic political systems, governments are accountable to the electorate. While in office they may take decisions but the electorate has the ultimate ability to remove them from power at a national election if they disapprove of what has been performed. Elections are thus an essential aspect of liberal democracy which enable the public to exert influence over the legislative and executive branches of government and hold them accountable for their actions. Effective accountability also requires that citizens are in possession of information by which to judge the activities undertaken by public officials. Many liberal democracies provide for this through freedom of information legislation enabling public access to official documents.
Additionally, governments in liberal democratic political systems are accountable to legislatures. They may be required to submit their policies to the scrutiny of legislative bodies, and in parliamentary forms of government, such as that in the United Kingdom, legislatures possess the ability to remove the government by passing a vote of ‘no confidence’ in it.
Communist and totalitarian political systems
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Insight
In addition to liberal democratic political systems, there are a wide variety of others throughout the world. These consist of communist, totalitarian and oligarchic political systems. These systems can be distinguished from one another by a process of differentiation termed ‘classification’.
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Communist political systems (sometimes referred to as socialist democracies) are political systems based on the ideas of Karl Marx. The most notable feature of communist states is the paramount position of an official socialist ideology and the domination or total monopolization of political affairs by the official Communist Party, whose leading members exert control over institutions such as trade unions, the media and the military and over key state-provided services such as education. Considerable differences exist between them although, in general, these countries are characterized by the existence of little or no private property ownership, a planned economy (which is viewed as essential to achieving equality and classlessness) and a comprehensive welfare state. Communist states include the former Soviet Union and its East European satellite neighbours, but following the ‘collapse of communism’ in Eastern Europe between 1989–91, is now confined to a smaller number of countries which include the People’s Republic of China, Vietnam, Cuba and North Korea.
Totalitarian political systems are those in which the state controls every aspect of the political, social, cultural and economic life of its citizens. It is governed by a ruling elite whose power is based upon ideological control which is exerted over the masses, underpinned by the use of coercive methods. Civil liberties, human rights and the ability of citizens to participate in decision making are very limited if not totally absent in such societies. The term ‘authoritarian’ applies to societies which are also governed by an elite with considerable power, although this is not always exerted over every aspect of civil life as is the case with totalitarianism.
The ideology which is found in totalitarian societies is subject to wide variation. Communist political systems exhibit totalitarian characteristics as they are totally under the control of the Communist Party. Other totalitarian regimes may be dominated by the ideology of fascism, in which only one political party is permitted to exist and representative institutions such as directly elected legislatures are typically absent. Regimes of this nature may also be based upon a religious ideology. These are termed ‘theocracies’, a word that literally means ‘rule by God’. A main feature of theocratic govern
ment is its intolerance of viewpoints other than those of the dominant religious sect. Religion or faith plays a dominant role in countries with this form of government: for example, in Iran the president and legislature (which are elected) are subject to the supervision and direction of the clerics. Similarly, the operations of government in Saudi Arabia (which is technically a monarchy) are controlled by a version of the Shari’a (a term which denotes traditional Islamic law) and it is the Koran that effectively constitutes that country’s constitution.
Totalitarian regimes differ from oligarchic ones. An oligarchy is a political system in which power is held by a small group of persons who govern in their own interests rather than seeking to advance a political ideology. These interests may be economic or may consist of the desire to wield power. As with totalitarian regimes, few political freedoms exist in oligarchic regimes since the general public is not allowed to play any part in politics. They are frequently characterized by brutality and coercion meted out by the police or military who exercise a prominent role in civil affairs. Oligarchies embrace a wide variety of political arrangements including military dictatorships and one-party states, and are typically found in less-developed countries.
Questions