The Architecture of Democracy: Constitutional Design, Conflict Management, and Democracy (Oxford Studies in Democratization)

530 Pages·2002·2.46 MB·English

by  Andrew Reynolds

The Architecture of Democracy
Oxford Studies in Democratization
Series Editor: Laurence Whitehead
Oxford Studies in Democratization is a series for scholars and students of comparative
politics and related disciplines. Volumes will concentrate on the comparative study of
the democratization processes that accompanies the decline and termination of the cold
war. The geographical focus of the series will primarily be Latin America, the
Caribbean, Southern and Eastern Europe, and relevant experiences in Africa and Asia.
OTHER BOOKS IN THE SERIESElectoral Systems and Democratization in Southern Africa
Andrew Reynolds
The Legacy of Human Rights Violations in the Southern Cone:
Argeninta, Chile, and Uruguay
Luis Roniger and Mario Sznajder
Citizenship Rights and Social Movements:
A Comparative and Statistical Analysis
Joe Foweraker and Todd Landman
The International Dimensions of Democratization:
Europe and the Americas
Laurence Whitehead
The Politics of Memory:
Transitional Justice in Democratizing Societies
Alexandra Barahona de Brito, Carmen González Enríquez,
and Paloma Aguilar
Democratic Consolidation in Eastern Europe, Volume 1:
Institutional Engineering
Jan Zielonka
Democratic Consolidation in Eastern Europe, Volume 2:
International and Transnational Factors
Jan Zielonka and Alex Pravda
Institutions and Democratic Citizenship
Alex Hadenius
The Architecture of Democracy
Constitutional Design, Conict Management, and Democracy
Edited by
Andrew Reynolds
GreatClarendonStreet,OxfordOX26DP
OxfordUniversityPressisadepartmentoftheUniversityofOxford
ItfurtherstheUniversity'sobjectiveofexcellenceinresearch,scholarship,
andeducationbypublishingworldwidein
OxfordNewYork
AucklandBangkokBuenosAiresCapeTownChennai
Dar esSalaamDelhiHongKongIstanbulKarachiKolkata
KualaLumpurMadridMelbourneMexicoCityMumbaiNairobi
SãoPauloShanghaiTaipeiTokyoToronto
Oxfordisaregisteredtrademark ofOxfordUniversityPress
intheUK andincertainothercountries
PublishedintheUnitedStates
byOxfordUniversityPressInc., NewYork
©theseveralcontributors2002
Themoralrightsoftheauthorshavebeenasserted
DatabaserightOxfordUniversityPress(maker)
FirstPublished2002
Allrightsreserved.Nopartofthispublicationmaybereproduced,
storedinaretrievalsystem,or transmitted,inanyform orbyanymeans,
withoutthepriorpermissioninwriting ofOxfordUniversityPress,
oras expresslypermittedbylaw, or under termsagreedwiththeappropriate
reprographcsrightsorganization.Enquiriesconcerningreproduction
outsidethescopeoftheaboveshouldbesenttotheRightsDepartment,
OxfordUniversityPress,attheaddressabove
Youmustnotcirculatethisbookinanyotherbindingorcover
andyoumustimposethissameconditiononanyacquirer
BritishLibraryCataloguinginPublicationData
Dataavailable
LibraryofCongressCataloginginPublicationData
Thearchitectureofdemocracy:constitutionaldesign,conflictmanagement,and
democracy/editedbyAndrewReynolds.
p.cm.—(Oxfordstudiesindemocratization)
Includesbibliographicalreferencesandindex.
1. Democracy. 2.Democratization.3.Comparativegovernment.
I.Reynolds, Andrew,1967–II.Series.
JC421.A73 2002321.8—dc212001052058
ISBN0–19–924645–9
ISBN0–19–924646–7 (Pbk.)
eight feet
vi
Front row (left to right): Ashutosh Varshney (Notre Dame), Brendan O'Leary (London School of Economics), Fran
Hagopian (Notre Dame), René Antonio Mayorga (CEBEM), Bolivia), Bernard Grofman (UC Irvine), Andrew
Reynolds (Notre Dame), Carina Perelli (United Nations Electoral Assistance Department), John Carey (Washington
University, St Louis), Steven Levitsky (Harvard).
Second row: Olga Shvetsova (Washington University, St Louis), Timothy Frye (Ohio State), Nigel Roberts (Victoria
Universityof Wellington),RotimiSuburu (Woodrow Wilson Center), Brij Lal (Australian National University), Cheryl
Saunders (University of Melbourne), Giovanni Sartori (Columbia), David Stuligross (Michigan).
Third row: Tony Messina (Notre Dame), Vincent Maphai (President's Review Commission, South Africa), Alfred
Stepan(Columbia),BereketSelassie(UNC ChapelHill),Robert Johansen(NotreDame), ReinTaagepera (UC Irvine),
José Antonio Cheibub (Yale).
Fourth row: Scott Mainwaring (Notre Dame), Arend Lijphart (UC San Diego), Pippa Norris (Harvard), Jørgen Elklit
(Aarhus, Denmark), Richard Soudriette (International Foundation for Election Systems), Donald Horowitz (Duke),
Ruth Lapidoth (Hebrew University, Jerusalem), Juan Linz (Yale), John Packer (OSCE High Commission on
Minorities).
Back row: Fred Riggs (Hawaii), William Liddle (Ohio State), Steven Solnick (Columbia), Michael Coppedge (Notre
Dame), Dieter Nohlen (University of Heidelberg, Germany).
Photograph by Tom Weis
Preface
This book was born out of an enjoyable gathering of over 100 academics and practitioners in the electoral and
constitutional field at theUniversityof NotreDame inDecember 1999. That conferencewas inturn thespin-offof a
personalwishIhad had a few years earlier. Since1991 Ihad spentmost ofmy professional lifeimmersed inthestudy
ofelectionsandconstitutionsinemergingdemocracies. After thedramaticgrowthofthatfield,whichcamealongwith
the third wave of democratization, I wanted to set up a group photograph of the most influential and articulate
protagonistsinthediscipline:myownmentors,andthescholarswhohadactuallypennedthebookswhichIhadspent
somuchtime poring over.Ialsowanted togather together thenewwaveofscholarsinthefieldwhoweredoingboth
cutting-edge quantitativeworkand sophisticatedsocialscience studiesoftherelationships betweeninstitutionaldesign
and democratic endurance. The photograph, which appears on page vi and is the real reason for this book, doesn't
include everyone I had hoped for. Robert Dahl and Matthew Shugart were unavoidably occupied, Larry Diamond
was—unusually—travelling, and NotreDame's own Guillermo O'Donnellwas being honoured at theinaugurationof
thenewArgentinianpresident:amorethanreasonableexcuse.Butwhatisremarkableaboutthephotograph—andthe
conferenceitself—ishowmanyoftheicons ofthefieldwereonthestage. ArendLijphartand DonaldHorowitzwere
mischievouslysetupas thetwoopposingteam captainsandplayed theirroleswithgraceand aplomb. Alongsidethem
Giovanni Sartori, Juan Linz, Al Stepan, Dieter Nohlen, Bernie Grofman, Rein Taagepera, and Scott Mainwaring
brought a huge weight of innovative inquiry and practical experience to the proceedings. Brendan O'Leary, Pippa
Norris, Brij Lal, Cheryl Saunders, Nigel Roberts, René Antonio Mayorga, Vincent Maphai, Bereket Selassie, Jørgen
Elklit, Bill Liddle, and Ruth Lapidoth came from far and wide, representing the collected wisdom of five continents.
Then there were the Young Turks: the East European troika of Shvetsova, Solnick, and Frye; the Latin American
foursome of Carey, Coppedge, Chiebub, and Levitsky; and the ‘rest of the world’ team of Varshney, Suberu, and
Stuligross. Finally, we were joined by representatives of the practitioners who
viii PREFACE
work with elections and the design of institutions on a day-to-day basis in the realityof emergingdemocracies: Carina
Perelli, head of the United Nations' Electoral Assistance Division; Richard Soudriette, director of the International
Foundation for Election Systems; John Packer, legal adviser to the OSCE's High Commissioner on Minorities; and
Peter Manikas, senior executive at the National Democratic Institute.
The weekend was a great success, and I believe the chapters presented in this book capture not only the spirit of
enthusiasm for newavenuesof investigation prevalentat theconferencebut thefeelingthatconstitutional design can,
if appropriately considered, be a lever of great good for very troubled societies. It may also be worth noting an
interestinganthropologicalphenomenonfromtheconference.Participantswerecompelledtoendurea‘ReynoldsQuiz
Night’whichcoveredsubjectsbothtrivialandobscure.Itwasfascinatingtoseehowacademicsturnintoverydifferent
animals when a competitive test of their breadth is on the table and how alliances forged in battle cross traditional
boundaries. Lijphart, Sartori, and Stepan were as one gatheringtogether a huge team around them—Norris, O'Leary,
Solnick among them—attempting, without shame, to crush all comers. This they did, but not without the serendipity
of Lijphart's mother being born in Paramaribo—thus giving themthecapitalof Suriname. Grofman and Elklittooka
bolder path leading a team of only three.Their honour only managed to achievethe position of dead last in the final
rankings which didn't stop them spending a fair part of the rest of the conference trying to prove with mathematical
voting models that technically they had actually won the quiz.
However, I digress. The Constitutional Design 2000 conference and this resulting book would not have become a
realitywithoutthesupportofJulius IhonvbereoftheFordFoundationand grantmakers at theUnitedStatesInstitute
of Peace; along with Notre Dame supporters, Seamus Deane of the Keough Institute for Irish Studies, Bob Wegs of
theNanovicInstitutefor EuropeanStudies, theHenkles fundfor visitingscholars, andtheInstituteforScholarshipin
the Liberal Arts. But perhaps the greatest debt goes to Scott Mainwaring, director of the Kellogg Institute at the
University of Notre Dame, who believed in this protect from the beginning and made that belief manifest through
consistent support, advice, and backing. There are few institutes which could have pulled off such an exercise so
successfully and it is testament to Scott Mainwaring that Kellogg continues to develop as one of the pre-eminent
centres of international studies in the world today. If
PREFACE ix
thisworkdoeslittleelse,itwillatleastallowtheundergraduateandgraduatestudentsofthefuturetoactuallyputfaces
to the names of writers they are assigned: indeed, some of them look less intimidating when you see them in person.
Andrew Reynolds
March 2001