Prof Jan-Werner Mueller of Princeton University in this piece:
Emergencies have two effects: in democratic states, they concentrate power in the executive. Leaders claiming new powers can usually count on citizens’ support. Even US President Donald Trump, whose performance has been disastrous from the start, is benefiting from a rally-around-the-flag dynamic.
The other effect is more obviously pernicious: in countries already threatened with what some social scientists are now calling “autocratization” (the reverse of democratization), leaders are using the COVID-19 crisis to do away with the remaining obstacles to their permanent rule.
Russian President Vladimir Putin is in the process of making himself president for life. Israeli Prime Minister Binyamin Netanyahu is weakening the Knesset and the courts. Hungarian Prime Minister Viktor Orbán, the pioneer of “autocratization” in the European Union, can now rule by decree, and wants to suspend elections and referenda and give the government the authority to jail journalists.
Plenty of authoritarians conjure up pseudo-crises; in a real one, they can take what look like perfectly justifiable measures to crack down on opponents. Anti-terrorism legislation enacted in the wake of the September 11, 2001, attacks on the US was routinely used to repress legitimate forms of political dissent.
What is the way out?
What can be done? In functioning democracies, parliaments and courts have to keep working. But if business and academia can shift online, there is no reason why these institutions cannot conduct “distance democracy.”
Parliaments – which have been losing power to executives anyway in recent decades – should accept selective rule by decree only for a strictly limited time, and only under circumstances in which rule by conventional law has significant drawbacks in dealing with the crisis. While rule by law, as opposed to decree, might be difficult when a vaccine must be found quickly, and resources must be deployed swiftly, there is absolutely no reason to suspend the rule of law itself (contrary to what prominent theorists of states of emergency, like the German jurist Carl Schmitt, long argued).
Most important, an opposition should support a government, but also offer alternatives, and, above all, hold a government strictly to account. It is often forgotten just how crucial it is for democracies properly to institutionalize the role of an opposition.
Mechanisms for doing this vary. They include a procedure enabling opposition leaders to reply immediately to ministers’ speeches, dramatize differences, and demonstrate an alternative; low thresholds for establishing committees of inquiry; opposition days, when an election’s losers set the parliament’s agenda; even installing opposition figures as the chairs of important committees (where much of the real work of parliaments gets done). A government is authorized to have its way, but, at all stages, an opposition must have its say.
New Zealand’s Prime Minister Jacinda Ardern has proposed a plausible solution in the face of the country’s lockdown and the temporary suspension of parliament. Rather than having a grand coalition or papering over all legitimate disagreement with the rhetoric of unconditional “national unity,” she has suggested a select committee chaired by the opposition leader, which can hold the government to account.
Hey Virus, show us humans some mercy. We are moving from one disaster to another….
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