Constitutional Design for Divided Societies - Key Points

  • Author & Context: Arend Lijphart, a scholar on democracies, discusses constitutional design for divided societies.

  • Historical Context: Post-WWII governance trends shifted from colonial models to tailored constitutional designs, but more options can cause confusion for constitution writers.

  • Focus: Recommendations target countries with deep ethnic divisions, emphasizing power-sharing and group autonomy as essential for democracy.

  • Key Elements for Democracy in Divided Societies:

    • Power Sharing: Involvement of all significant communal groups in decision-making, particularly in executive positions.
    • Group Autonomy: Communities have authority over their cultural and educational matters.

  • Criticism of Power Sharing: Critics argue it may be less democratic and effective; however, few alternatives exist.

    • Example critiques:
      • Brian Barry favors cooperation without cooptation, which risks relegating minorities to opposition roles.
      • Donald Horowitz proposes electoral reform to foster moderate representation, but it lacks strong support.

  • Power Sharing's Effectiveness: Successful cases include Switzerland, Canada, and Belgium, which used power sharing to mitigate ethnic tensions.

  • Key Recommendations for Constitutional Choices:

    1. Legislative Electoral System: Proportional representation (PR) is recommended to ensure inclusivity for divided societies.
    2. Parliamentary vs. Presidential Systems: Parliamentary systems are favored for their collaborative decision-making structures and reduced winner-takes-all dynamics.
    3. Power Sharing in Executives: Using models like Belgium's (equitable representation) or South Africa's (party-based representation) to achieve inclusive cabinets.
    4. Stability: Constructive votes of no confidence could stabilize cabinets by preventing instability during crises.
    5. Selection of Head of State: Prefer indirect election to maintain ceremonial authority and avoid undue political influence.
    6. Federalism and Decentralization: Recommended for geographically concentrated communal groups to enhance autonomy.
    7. Non-territorial Autonomy: For dispersed groups, providing autonomy in areas like education is beneficial.
    8. Broad Representation: Extend power-sharing to civil service and judiciary for comprehensive inclusivity.

  • Additional Considerations: Guidelines on governance structure, rights protection, and the balance of referenda to safeguard democracy without overwhelming minorities.