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12 - More or Less

Searching for Regulatory Balance

Published online by Cambridge University Press:  01 June 2011

By
Bruce E. Cain
Edited by
Guy-Uriel E. Charles ,
Heather K. Gerken  and
Michael S. Kang
Bruce E. Cain
Affiliation:
University of California, Berkeley
Guy-Uriel E. Charles
Affiliation:
Duke Law School
Heather K. Gerken
Affiliation:
Yale Law School
Michael S. Kang
Affiliation:
Emory University, Atlanta
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Summary

The existence of a broad consensus about core democratic features and values creates a basic reform template for democratizing authoritarian regimes and dictatorships. But because there is far less theoretical or political agreement about the relative merits of different forms of democratic representation and governance, there is no simple guide for improving established democracies. Democratic political institutions and practices have changed considerably over time and vary widely beyond the most basic attributes. Consequently, there is no international consensus about which country is the most democratic, which means that there are several perfectly acceptable alternative paths for emerging democracies to follow. This poses no serious problem for world peace and harmony, but it greatly complicates political reform in the United States. Simply put, it is difficult, if not impossible, to evaluate purported reform efforts absent a single, agreed-on democratic ideal form.

All democracies are based on the principle of popular sovereignty (i.e., that power resides in the people), but there is no universal consensus in the United States or internationally about what this means. Is direct voter control more democratic than representative government? Do less restrictive voter eligibility rules always make a system more democratic? Which rule for collective decisions is best: unanimity, supermajority, or a mere plurality of citizens? Are proportional seat allocation rules superior to single-member, simple plurality rules? Should popular sovereignty be limited for the sake of minority rights and fairness?

Type
Chapter
Information
Race, Reform, and Regulation of the Electoral Process
Recurring Puzzles in American Democracy
 , pp. 263 - 286
Publisher: Cambridge University Press
Print publication year: 2011

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