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Deconstructing Deconstructing Elections Elections The Dubious Role of The Dubious Role of Voting for Governments Voting for Governments in Transition in Transition Discussion 2 Discussion 2 Ben Shanbaum Ben Shanbaum The Law of Nationbuilding – Fall 2006 The Law of Nationbuilding – Fall 2006

Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

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Page 1: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

Deconstructing ElectionsDeconstructing ElectionsThe Dubious Role of Voting for The Dubious Role of Voting for

Governments in Transition Governments in TransitionDiscussion 2Discussion 2

Ben ShanbaumBen ShanbaumThe Law of Nationbuilding – Fall 2006The Law of Nationbuilding – Fall 2006

Page 2: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

Layout of PaperLayout of Paper

►Part I: The role of elections in Part I: The role of elections in DemocracyDemocracy

►(Part II): How elections fall short for a (Part II): How elections fall short for a government in transitiongovernment in transition

►(Part III): Analyzing the Third Wave (Part III): Analyzing the Third Wave through a critical lensthrough a critical lens

►Part IV: Proposing alternative Part IV: Proposing alternative benchmarksbenchmarks

►Part V: Preparing a complete perspective Part V: Preparing a complete perspective – and rethinking Iraq strategy?– and rethinking Iraq strategy?

Page 3: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

PART FOUR:PART FOUR:Considering “alternative” Considering “alternative” benchmarks for a country benchmarks for a country

transitioning from dictatorship to transitioning from dictatorship to democracydemocracy

Page 4: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

Notice!Notice!

►Transition Transition should be should be viewed as a viewed as a mountain range mountain range … not a butte… not a butte

►Multiple “peaks”Multiple “peaks”

Page 5: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

Alternative 1:Alternative 1:

Formation of a ConstitutionFormation of a Constitution

Page 6: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

ConstitutionConstitution

+ Lays framework for the rules of Lays framework for the rules of government government

+ Possibly establishes individual rights Possibly establishes individual rights and libertiesand liberties

+ Tangible, relatively high-profileTangible, relatively high-profile+ Potentially carries as much symbolic Potentially carries as much symbolic

weight as electionsweight as elections

Page 7: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

ConstitutionConstitution

- Western model (specifically, the Western model (specifically, the American Constitution) is difficult to American Constitution) is difficult to emulateemulate- Who gets a seat at the table?Who gets a seat at the table?- Legitimacy problemsLegitimacy problems- Useless without institutions prepared to Useless without institutions prepared to implement its provisionsimplement its provisions

Page 8: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

Alternative 2:Alternative 2:

Reformation of Civil SocietyReformation of Civil Society

Page 9: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

Civil SocietyCivil Society

Civil society is “an organizational realm between state and family populated by organizations which are separate from the state, enjoy autonomy in relation to the state and are formed voluntarily by members of society to protect or extend their interests or values.”

-Gordon White, “Civil Society, Democratization and Development (I): Clearing the Analytical Ground,” 1 Democratization 379 (Autumn 1994).

Page 10: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

Civil Society/ State InstitutionsCivil Society/ State Institutions

►US policy:US policy: Hold elections first – then reform civil societyHold elections first – then reform civil society State institutions (“top-down”) vs. grass-State institutions (“top-down”) vs. grass-

roots (“bottom-up”)roots (“bottom-up”) Focus on advocacy-based NGOsFocus on advocacy-based NGOs

►Civic educationCivic education►Media assistanceMedia assistance►Aid to labor unionsAid to labor unions

Presumably to aid “free and fair” electionsPresumably to aid “free and fair” elections Little is done to reform executive powerLittle is done to reform executive power

Page 11: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

Civil SocietyCivil Society

+ Introduces concept of “being a citizen”Introduces concept of “being a citizen”+ Promotes individual freedoms and Promotes individual freedoms and

libertiesliberties+ Long-term benefits to stabilityLong-term benefits to stability+ State institutions can “oversee” the State institutions can “oversee” the

new government and possibly new government and possibly intercede upon tyrannical actionsintercede upon tyrannical actions

Page 12: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

Civil SocietyCivil Society

- From within: is it realistic?From within: is it realistic?- From someone else: is it legitimate?From someone else: is it legitimate?- Timing problems: avoiding the snowballTiming problems: avoiding the snowball- Media unfriendly: how much Media unfriendly: how much reformation is “enough”?reformation is “enough”?

Page 13: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

Last questions on civil Last questions on civil society:society:

Does one approach hold an Does one approach hold an advantage over another?advantage over another?

Can both approaches be Can both approaches be taken simultaneously?taken simultaneously?

Page 14: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

Alternative 3:Alternative 3:

Formation of Formation of Meaningful Meaningful Political PartiesPolitical Parties

Page 15: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

““Meaningful”?Meaningful”?

►Based on ideological groundsBased on ideological grounds►Purpose to carry out society’s “common Purpose to carry out society’s “common

interests”interests” How to determine common interests?How to determine common interests?

►How many?How many? More than one, less than manyMore than one, less than many Fewer in number = more moderate Fewer in number = more moderate

messagemessage►Relatively equal in visibility, Relatively equal in visibility,

communicative abilitycommunicative ability

Page 16: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

Weighing the ImportanceWeighing the Importance

►1) Charismatic visionary individuals1) Charismatic visionary individuals Can move a country through transition Can move a country through transition

quicklyquickly Danger of “Benevolent President Syndrome”Danger of “Benevolent President Syndrome”

►2) Strong political parties2) Strong political parties Produce slow but steady debate on the Produce slow but steady debate on the

direction of the transitiondirection of the transition Can they motivate a population to change?Can they motivate a population to change?

►What’s best: #1, #2, or both?What’s best: #1, #2, or both?

Page 17: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

Alternative 4:Alternative 4:

Elections …Elections …

Not for the process, but for the Not for the process, but for the resultsresults

Page 18: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

Election ResultsElection Results

►Elections ARE important…Elections ARE important…►But only to the extent that democracy But only to the extent that democracy

will flourish as a result of themwill flourish as a result of them No signs of tyranny exhibited by either sideNo signs of tyranny exhibited by either side Losing side is willing to lose gracefullyLosing side is willing to lose gracefully Public participation by all frontsPublic participation by all fronts

►Elections – better way to show Elections – better way to show successful consolidation?successful consolidation?

Page 19: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

Sneak Peek at Part VSneak Peek at Part V

►Elections matter MORE when they Elections matter MORE when they occur either concurrently with or after: occur either concurrently with or after: The framework for Democracy has been The framework for Democracy has been

established.established. Civil society has embraced “Liberal” Civil society has embraced “Liberal”

qualities.qualities. State institutions have been set up to State institutions have been set up to

oversee the transition.oversee the transition.

Page 20: Deconstructing Elections The Dubious Role of Voting for Governments in Transition Discussion 2 Ben Shanbaum The Law of Nationbuilding – Fall 2006

DISCUSSION TIME!!!DISCUSSION TIME!!!