The American Legion Magazine | 3.1.18
By Alan W. Dowd
If we Americans have learned anything from our
well-intentioned efforts in Iraq and Afghanistan, it’s that democratic
elections do not necessarily promote stability. Ironically, nor do
democratic elections ensure freedom, as underscored by the collapse of
self-government, return of dictatorship and explosion of sectarian
strife in the wake of the Arab Spring.
“Democracies do not always make societies more civil, but
they do always mercilessly expose the health of the societies in which
they operate,” historian Robert Kaplan observed (and predicted) in 1997 –
four years before America began its nation-building project in
Afghanistan, six years before Iraq descended from dictatorship to
disintegration and 14 years before the Arab Spring’s spiral of
re-revolution.
“If a society is not in reasonable health, democracy can
be not only risky but disastrous,” Kaplan concluded, adding that
democracy succeeds only when it serves as “a capstone to other social
and economic achievements.”
Kaplan was describing the difference between democracy (a
basic form of government in which the majority rules) and liberal
democracy (a more mature system of government characterized by majority
rule with minority rights, limits on government power and high levels of
individual freedom).
To build a liberal democracy, a nation needs more than
free elections – more than a capstone. It needs a firm foundation: the
rule of law, property rights and economic freedom. These are the
building blocks of liberal democracy. Yet the West has tended to focus
on free elections to measure the success of nation-building efforts,
forgetting that democracy is little more than a flimsy facade without
these building blocks at its base.
RULES The rule of
law means just what it says: the law is what rules – not charismatic
strongmen, not referendums or mobs, not the law of the jungle, not the
law of brute force. The rule of law holds that everyone in a
nation-state is subject to the same laws, that laws are well-defined and
not arbitrary, and that the enactment and enforcement of laws is open,
fair and transparent.
The rule of law is crucial in preserving democratic
government. If it’s not firmly in place before democracy is attempted,
the odds are high that political leaders will use the power of the state
to punish or marginalize their opponents, reward their cronies,
consolidate power and even revert to dictatorship.
Pockmarked with failed democracies, post-colonial Africa –
where “one-man, one-vote, one-time” became an all-too-common descriptor
– is a case study in what might be called premature democracy. But
there are more recent examples.
In Egypt, after the Arab Spring, the democratically
elected government of Mohamed Morsi trampled minority rights, rammed
through an illiberal constitution and was seen as beholden to the
Islamist Muslim Brotherhood. Unbound by the rule of law, the Morsi
government rigged parliamentary districts, allowed Brotherhood thugs to
use violence against the opposition, intimidated independent media,
granted itself the power to overrule judicial decisions, ordered
retrials of its political rivals and convicted pro-democracy
non-governmental organization workers on trumped-up charges.
Morsi was ousted by a military coup. Egypt’s democratic
experiment lasted less than two years. Not surprisingly, Egypt
languishes in the basement (129th out of 191) of the World Bank’s
rule-of-law index and corruption index (126th).
Iraq’s Nouri al-Maliki, too, was democratically elected,
but without a sturdy rule-of-law foundation, he engaged in sectarian
politics. Maliki concentrated power within his office and party, used
Iraq’s security apparatus to arrest thousands of Sunnis, and tilted
government to favor his fellow Shias. By 2012, Human Rights Watch warned
that Iraq was “slipping back into authoritarianism.” Predictably,
Iraq’s Sunnis were driven out of the political process, sectarian
tensions exploded, and Iraq’s fragile multi-ethnic, multi-confessional
democracy gave way. Maliki was forced out in 2014.
After 25 years under Saddam Hussein – then a decade of
insurgency and terror – it’s no surprise Iraq is 180th on both the
rule-of-law index and the corruption index.
Although the reeling Iraqi government has mustered an
effective counterpunch against ISIS, its authority is not recognized –
at least not by Sunnis or Kurds – beyond Baghdad.
Afghanistan provides further evidence of how difficult it
is to build liberal democracy in a place that has known only
lawlessness. After almost 40 years of war, tyranny and insurgency,
Afghanistan is 187th on the rule-of-law index. Even after 16 years under
U.S. tutelage, Afghanistan remains resistant to the rule of law and
rife with corruption (179th). As one Afghan said during Hamid Karzai’s
presidency, “The Taliban shakes us down at night ... the government
shakes us down in the daytime.”
Again, although the transfer of power from Karzai to
Ashraf Ghani was an achievement, government authority and legitimacy
barely extend beyond the environs of Kabul.
After attempting to seize power through a military coup in
1992, Venezuela’s Hugo Chávez swept to the presidency through
democratic means in 1998. He quickly moved to eliminate the Senate and
extend presidential terms. He used Venezuela’s oil wealth like a
personal piggy bank, dispensed the state’s largesse to amass political
power, and expanded government control over television stations, the
Internet, banks and nongovernmental organizations. He also limited
legislative power, used the police and National Electoral Council
against his opponents, and governed largely by fiat.
In a fitting coda to the Chávez era, resource-rich
Venezuela’s inflation rate is a staggering 800 percent, the unemployment
rate is 17 percent, the economy contracted by 18.6 percent in 2016, and
the public-health system has collapsed. The state is unraveling. People
are starving in the streets (the typical Venezuelan lost 19 pounds in
2016), some 10,000 Venezuelans are flowing into Brazil each month to
seek food and medicine, and Chávez’s successor has created a
rubber-stamp “constituent assembly” to rewrite the constitution and
bypass the country’s duly-elected legislature.
Venezuela is 190th on the rule-of-law index – only Somalia is worse – and 182nd on the corruption rankings.
Built on the wreckage of the Soviet state, Russia’s
nascent democracy was subverted and ultimately overwhelmed by
corruption, cronyism, kleptocracy and “Putinism” – Vladimir Putin’s l’etat c’est moi (“I am the state”) approach to governing. Putin has ruled as prime
minister or president since 1999 and is on track to reign through 2024.
As the Brookings Institution’s Robert Kagan observes, “Elections do not
offer a choice but only a chance to ratify choices made by Putin.” In
2004, Putin abolished direct elections of regional governors (now
appointed by local legislatures based on a list provided by Putin). In
2012, he pre-approved the opposition candidates who ran against him. In
addition to stage-managing elections, Putin’s regime controls the media,
banks and energy sector.
Putin’s Russia is 139th on the rule-of-law index and 151st on the corruption rankings.
SUCCESSESWhat’s equally revealing is how countries where the rule of law is respected have enjoyed sustained transitions to democracy.
Estonia (25th on the rule-of-law measure) was shackled to
the Soviet tyranny for five decades. But in the same time span that
Russia’s democracy descended into Putinism, Estonia has matured into a
high-functioning liberal democracy, thanks in part to the rule of law.
Likewise, after decades under Moscow’s heel, the Czech
Republic (28th) and Poland (42nd) broke free, rebuilt their systems of
law and today are exponents of liberal democracy.
After 38 years of dictatorship, Spain (37th) built its
democracy on the foundation of constitutionalism. Almost 40 years later,
the country has not reverted to dictatorship.
Taiwan (27th) was anything but democratic before 1996.
Today it is a thriving liberal democracy. South Korea (35th) was
governed by the military for much of the 1950s, ’60s and ’70s, with
frequent declarations of martial law, but has been a democracy with a
strong rule-of-law foundation for nearly 30 years.
Owing to the rule of law, all of these democratic success stories rate in the top third on the corruption measure.
Interestingly, the only child of the Arab Spring to stay
on the path to democracy – and off the path to disintegration, civil war
or re-revolution – is Tunisia, which is a respectable 87th on the
rule-of-law index (better than Mexico and China) and 80th on the
corruption index (better than Italy, China and Brazil).
RIGHTSFriedrich
Hayek once wrote, “The system of private property is the most important
guarantee of freedom,” ensuring that “nobody has complete power over
us.”
Indeed, the founding fathers recognized that property
rights were essential to self-government – so essential that protection
of property was enshrined in our founding documents: The Declaration of
Independence invokes the right to “life, liberty and the pursuit of
happiness.” Jefferson borrowed the phrase from John Locke, who argued
that each person has the right to “preserve his property ... his life,
liberty and estate against the injuries and attempts of other men.”
Moreover, the Constitution guarantees that no person can be “deprived of
life, liberty or property, without due process of law.”
Respect for property correlates with healthy democracies,
while a lack of property rights correlates with democratic failure, or
at least a democratic deficit.
Again, contrast recent democratic disasters with recent
democratic success stories: Egypt is 143rd out of 179 nations surveyed
on the Heritage Foundation’s property-rights index, Russia 155th,
Venezuela 177th. War-torn Afghanistan and Iraq are such a mess that
they’re unmeasured. All five languish in the bottom fifth on property
rights; none are considered “free” on Freedom House’s political-freedom
rankings.
At the other end of the spectrum, Estonia ranks eighth in
the world on property rights, the Czech Republic 27th, South Korea 33rd,
Taiwan 34th, Spain 38th, Poland 41st. All of these countries are in the
top quartile on property rights, and all are in the “free” category on
the Freedom House rankings.
CONDITIONS
Finally, we come to our third building block of liberal democracy. The
Fraser Institute defines economic freedom as “personal choice, voluntary
exchange, freedom to compete and security of privately owned property.”
After 20 years of empirical studies, Fraser researchers call economic
freedom “a necessary condition for democratic development.”
All of our democratic disasters are cellar-dwellers on
Fraser’s economic-freedom index. Russia is 102nd out of 159 (and
falling), Egypt 129th (and falling), Venezuela 159th. Afghanistan and
Iraq are unmeasured. Yet all of our democratic successes rank in the
upper third: Estonia is 19th, Taiwan 23rd, the Czech Republic 31st,
Poland 40th, South Korea 42nd, Spain 49th.
“Going back to 1970, Spain and South Korea were already
strong on economic freedom before their political transitions, enabling
them to become successful liberal democracies,” notes Fraser Institute’s
Fred McMahon. “Likewise, the most successful post-Soviet states –
including Poland and the Czech Republic – transitioned to democracy and
economic freedom more or less simultaneously, while unsuccessful ones,
like Russia, focused more on political questions rather than economic
reforms, meaning they got neither democracy nor economic freedom.”
Importantly, especially in the context of nation-building
and international stability, countries that embrace economic freedom –
even those in unstable regions – are more stable than their less-free
neighbors. Consider Jordan (39th on economic freedom). Although it’s
bordered by the Syria-Iraq war zone, Jordan is weathering the storm far
better than its less economically free neighbors.
OBSTACLESTo
be sure, these comparisons are not exhaustive or scientific, but they
are revealing and representative of what separates a liberal democracy
from a country that simply holds an election.
Still, an obvious chicken-or-the-egg question follows from
these comparisons: Couldn’t democracy produce a rule-of-law system,
property rights and economic freedom? For that matter, couldn’t our
democratic success stories simply be the product of good fortune,
advantageous geographic placement and an abundance of the resources
needed to fuel economic expansion – and our democratic failures the
product of bad luck, disadvantageous geography and a lack of those
resources?
It’s a fair question. But the evidence strongly suggests
that the rule of law, property rights and economic freedom are essential
prerequisites to political freedom and durable democracy – not the
other way around.
Consider the 13 colonies that forged the United States.
Our founding charters promoted the rule of law, property rights and
economic freedom. From that emerged liberal democracy. In other words,
the institutions came first; full-fledged representative democracy came
later.
Consider postwar Japan, which began adopting some liberal
economic and political institutions in the late 1800s. This helps
explain why Japan was able to transition to liberal democracy soon after
the United States vanquished Japanese militarism in World War II. But
what explains the rise of Japanese militarism? Imperial Japan never
fully embraced the rule of law.
“Until 1945, it had no system of fixed law,” historian
Paul Johnson explains. “The law was not sovereign.” Unchecked by the
rule of law, the military amassed power, and Japan lurched into
militarism.
Moreover, the evidence suggests that nations that embrace
the rule of law, property rights and economic freedom – no matter the
obstacles confronting them – are freer and more stable than nations that
don’t. Israel proves that size isn’t an obstacle to liberal democracy,
Taiwan that geopolitical isolation isn’t an obstacle, Japan that lack of
natural resources isn’t an obstacle; Estonia, Poland and South Korea
demonstrate that harsh history and nasty neighbors aren’t an obstacle.
Indeed, the Korean peninsula is especially instructive.
Both halves were devastated by war and dominated by dictatorship. But
today, South Korea protects property rights, lives under the rule of law
and practices economic freedom. North Korea lives under a tyranny that
controls all property and smothers all forms of freedom. The difference
is breathtaking. Sixty-five years after starting from the same place,
South Korea is a representative democracy; North Korea is arguably the
most backward, brutal and brutish tyranny on earth. South Korea’s GDP is
$1.92 trillion (14th globally), North Korea’s an estimated $40 billion
(placing it worse than 225th). South Korea’s per capita income is
$37,900 (46th), North Korea’s $1,700 (213th).
None of this is to suggest that, as long as we mix the
rule of law and property rights with a dash of economic freedom,
transition from dictatorship to democracy will be easy. The democratic
success stories highlighted here – and our own history – remind us that
building liberal democracy takes time, patience and many difficult
steps.
What this does suggest is that the next time the West
tries to rehabilitate a broken nation – and there will be a next time –
it should devote as much attention to laying the foundations of free
government as to holding free elections.