Archive for the ‘Democracy’ Category

Trench Lawfare: Inside the Battles to Save Democracy From the Trump Administration – TIME

Black-clad security forces armed with riot shields advance on a mass of peaceful demonstrators. Rubber bullets and gas canisters fly. The embattled head of state, flanked by his top prosecutor and general, emerges from his estate to stake a claim for order. The scene looked like something out of a banana republic, but it unfolded in Washingtons Lafayette Square on June 1. And soon after, an obscure nonprofit got a call from a state attorney generals office, asking the perennial questions of the Donald Trump era: Can he do that? How can we stop that from happening here?

These are questions the nonprofit Protect Democracy was founded to answer. When the call came in (from a state the group declines to name), its lawyers got to work on an analysis of the Insurrection Act of 1807, aiming to equip local leaders to fight back if the Administration seeks to send in the military over their objections, as President Trump has threatened to do. And they began rounding up bipartisan signatories for a statement on behalf of Department of Justice veterans decrying Attorney General Bill Barrs conduct.

Since the beginning of the Trump presidency, Protect Democracy has cast itself in the role its name suggests: defender of Americas system of government against the threat of authoritarianism. Started by two former Obama White House lawyers who were concerned that the new President would undermine the rule of law, the group has filed lawsuits to block Trumps retaliation against critics and to curtail his use of emergency powers. It has organized groups of civil servants to speak out against what they say is Trumps politicization of law enforcement. And it has built bipartisan congressional support to rein in presidential powers.

Protect Democracy has notched some big wins. The groups lawsuits invalidated Trumps emergency declaration for the southern border and blocked the Administration from making it harder for low-income green-card holders to become citizens. They successfully argued in New York federal court that the Presidents retaliation against media outlets may violate the Constitution, and helped ensure that a defamation lawsuit brought by a former mistress could proceed in state court. Their advocacy has gotten states to reform election procedures and Congress to act to limit Executive power.

Its an impressive record for a three-year-old startup. They are innovative, imaginative, energetic and extremely effective, says Benjamin Wittes, senior fellow at the Brookings Institution and editor in chief of Lawfare, whose work with the group led to the release of the Watergate prosecutors road map that had been sealed for more than 40 years.

The June 1 spectacle at Lafayette Square seems to have brought some reticent figures closer to Protect Democracys view of things. Former President George W. Bush and former Defense Secretary Jim Mattis were among those who spoke out in favor of the protesters. When you see military helicopters above the streets of D.C., using tactics from war zones, using tear gas on peaceful protesters exercising their First Amendment rights, says Ian Bassin, co-founder and executive director of Protect Democracy, these things so match what people imagine when they think of the toppling of democracies that it struck a chord.

From the beginning, however, Protect Democracy has argued the onset of authoritarianism in America would come not with a flash-bang grenade but with the whimper of institutions gradually succumbing to the erosion of long-standing norms. Ideas that seemed far-fetched three years ago have become routine: a President who declares himself immune to congressional or judicial oversight; whose Attorney General seeks to exempt the Presidents friends from responsibility while prosecuting his political enemies; whose lawyers argue in open court that he could, in fact, shoot someone on Fifth Avenue without consequence. The events of recent days appear to validate the groups concerns, with Trumps former National Security Adviser accusing him of corrupting the electoral process and the Administration firing a U.S. prosecutor whose office was investigating the Presidents close associates. Trump continues to sow doubt about the integrity of the upcoming election, recently declaring on Twitter that it would be the most RIGGED Election in our nations history.

As the election nears, Protect Democracy is focused on securing the Nov. 3 contests against foreign and domestic meddling. The group, which is officially nonpartisan, is funded by foundations and individual donors, including the LinkedIn founder Reid Hoffman and Boston-based investor Seth Klarman, who before Trump was the GOPs largest donor in New England. Protect Democracy is lobbying and advising states on election procedure with an eye to ensuring a legitimate result. Yet the group is also looking beyond Trump, seeing him as a symptom of a system whose weakened defenses leave it open to abuse, and figuring out what can be done to strengthen American democracy in the future, regardless of who is in the White House next year.

Trump tours a section of the border wall in Otay Mesa, Calif., on Sept. 18, 2019

Evan VucciAP

If you believed your government was slouching toward dictatorship, what would you do about it? The answer, to judge from Protect Democracys routine, can seem mundane. On a recent Monday, 55 people are assembled as squares on a screen in a Google Meet video chat. Long before COVID-19 turned nearly all white collar workers into video-chat adepts, Protect Democracy was a work-from-anywhere organization, its 66 employees scattered from coast to coast. (Bassin is based in the Bay Area, co-founder Justin Florence in Boston; the group maintains a lease on a WeWork space in D.C.)

But the topics on such calls reach to the highest levels of government. Im working on a letter calling on the Justice Department inspector general to open an investigation into Barrs involvement in Lafayette Square, Justin Vail, a lawyer for Protect Democracy, tells the team. Vail, a former Obama White House and Democratic Senate aide, tells the group hes assembled more than a thousand signatories, former federal prosecutors from Republican and Democratic Administrations.

These sorts of current and former government insiders are disdained by the President and his allies as the deep statepetty bureaucrats dedicated to undermining Trumps necessary disruption of the status quo. But a competent, nonpolitical civil service is an important component of democracy. In America, officials from the President to the lowest-ranking soldier swear an oath pledging loyalty not to any ruler, Administration or party, but to the Constitution itself.

For many civil servants, that nonpartisanship has traditionally extended from one Administration to the next, and even past their time in government. Its hard to overstate how unusualbasically unprecedentedit is to have former career officials speaking out in this way, says Ben Berwick, who spent six years in the DOJs Civil Division during the Obama Administration. He left a few months after Trump took office, and became one of Protect Democracys earliest hires. The group has now massed hundreds of DOJ alums on a series of letters like the one Vail is preparing. Among the most high-profile was one stating that any ordinary American who committed the acts described in Robert Muellers Russia report would have been prosecuted for obstruction of justice, and another deploring Barrs extraordinary move to request a lighter sentence for former Trump campaign aide Roger Stone.

The group says such letters have brought concrete changes. We have seen [current Justice officials] resign, withdraw from cases, object and file internal complaints as a result, Vail says. Its a reminder that people on the outside support them having the courage to stand up and continue to work with integrity. As the group was preparing its 2,500-signatory letter on the Stone case, Barr publicly distanced himself from the Presidenta sign, the group says, that he was feeling pressure in his ranks. The department subsequently backtracked on its sentencing recommendation. On June 23, a former prosecutor testified to Congress that Stones softened sentence had been the result of heavy pressure from the highest levels of the Department of Justice to cut Stone a break because of his relationship to the President.

Protect Democracys founders, Bassin and Florence, both served in the White House counsels office during the Obama Administration. By the time Trump took office, both had left government and moved on to other thingsBassin to international antipoverty work, Florence to a comfortable gig at a top law firm. But as the new Presidents actions set off alarm bells, the two began corresponding. They realized that there was no single organization doing what they were talking about: safeguarding basic principles, like checks and balances, and the idea that no one is above the law, against a perceived threat to democracy itself.

Bassin and Florence began consulting scholars who study authoritarianism abroad, hoping on some level that experts would say they were out of their minds. But the scholars shared the same worries. The scary thing was that no one rolled their eyes; nobody said, Oh, come on, really, youre being hysterical,' Bassin says.

Experts pointed to places like Poland and Turkey, where authoritarian leaders won elections and turned their countries into what scholars of the region describe as Potemkin democracies by curtailing civil rights and undermining popular control of the government. Democracies today die in a much more subtle fashion than they used to, says Harvard political scientist Steven Levitsky, co-author of the book How Democracies Die. Its pretty rare to see the generals all at once seize power, dissolve the constitution, and imprison dissidents and the press. Instead you see elected leaders graduallyimperceptibly to many citizenstransform the machinery of government to protect their friends and harass and punish their enemies.

Bassin recalls one early, telling example. Under Obama, one of his jobs had been to advise Executive Branch officials on how to follow rules set out in thick binders and handed down from Administration to Administration starting with President Eisenhowers in the 1950s. Many werent laws so much as norms and codes intended to embody the spirit of public service. Among the precepts, for example, is a 14-page memo dating to the Carter Administration that lays out specific rules for when and how White House officials could contact the Justice Department, to avoid the perception of politics influencing law enforcement. In February 2017, then White House chief of staff Reince Priebus contacted the FBI to ask the agency to publicly refute a New York Times report about contacts between Trump associates and Russian agents, and the White House openly acknowledged he had made the contact. It was already clear back thenbefore Trump fired FBI Director James Comey, before Mueller began his investigation, before Ukraine and impeachment and everything elsethat the new Administration was not interested in the binders and memos, the rules and norms, that had prevailed for generations.

Bassin and Florence wanted their organization to be bipartisan. It really is something that Republicans and Democrats, all people of good faith, should be able to agree on, that the President is not a monarch who is above accountability of any kind, says Jamila Benkato, who joined the group after clerking for a federal judge in California. But most of the groups early hires were liberals. Even Trump-skeptical conservatives wanted to give the new President a chance to grow into the job. And the group has struggled to establish a public identity that transcends its liberal roots.

Yet the mission has attracted some Republicans. Protect Democracys employees include a former GOP presidential campaign operative and consultant for the Koch brothers political outfit; a former clerk to the conservative federal judge Edith Brown Clement; and a former GOP Senate staffer and writer for the conservative Weekly Standard. In March, the group assembled 37 former Republican members of Congress and Administration officials to file a friend-of-the-court brief in Trump v. Vance, arguing that the Presidents accountants must comply with a subpoena for documents related to his hush-money payments to alleged mistresses.

From a conservative standpoint, its clear to me that the President is offending the rule of law generally and the Constitution specifically, says Stuart Gerson, who headed the DOJs Civil Division under President George H.W. Bush. Gerson worked with Protect Democracy on its successful lawsuit in a conservative court in Texas, which thwarted Trumps attempt to build his border wall without permission or funding from Congress. Im an apostle of the unitary executiveI argued all the war-powers cases in the Bush Administration, Gerson says of the idea that the Constitution gives the President expansive powers over the workings of the Executive Branch. But that [doctrine] puts the President in charge of the Executive Branch, not the other two.

Protect Democracy has organized former Justice Department officials to speak out against Barr, left, and President Trump

Doug MillsThe New York Times/Redux

Sometime in the coming weeks, the Supreme Court is set to rule on Trump v. Vance and two related cases having to do with the validity of subpoenas into the Presidents private conduct. The cases will test the idea that no one is above the law, by resolving whether a President can be investigated and held accountable for any activities, even those that precede or have nothing to do with the office. Protect Democracys advocates say the cases are part of a broader set of questions about presidential power, which they have been fighting to constrain.

One of Trumps first moves as President was the creation of an election-integrity commission, which sought to examine allegations of voting abuse, like his baseless claim that the 2016 election was tainted by millions of illegal votes. Working with other advocacy groups, Protect Democracy sued based on a technicalitythe Administrations failure to follow the Paperwork Reduction Act, which mandates the procedures for establishing such commissionsand informed states they were not required to provide the Administration with the voter data it sought. The commission, Protect Democracy argued, represented not a good-faith effort to secure the vote but an attempt to sow doubt based on a nonexistent problem. Within a few months, the commission was shuttered.

Later that year, when Trump pardoned Joe Arpaio, the former Maricopa County, Arizona, sheriff convicted of contempt of court for racially profiling Latinos, Protect Democracy filed a brief arguing the pardon was unconstitutional. The U.S. Court of Appeals for the Ninth Circuit agreed to appoint a private attorney to argue the matter. And when the Administration released a report claiming that immigrants were responsible for most acts of terrorisminformation Trump cited in his 2017 address to Congressthe group sued based on an obscure statute, the Information Quality Act, thats typically used by Big Business to dispute environmental regulations. It was a legally creative approach to a vexing question: If the government decides to simply make up statistics, does the public have any recourse? While that litigation is still pending, the Justice Department admitted in court that the terrorism report was inaccurate.

When the former Apprentice contestant Summer Zervos sued Trump for defamation in 2017 after he called her a liar for accusing him of sexual assault, Protect Democracy filed the only outside brief, arguing the President was not immune from civil lawsuits. It was a little-noticed case, but one the group thought could establish a dangerous precedent. In ruling Zervos suit could go forward, the court drew extensively on Protect Democracys arguments. It is the first time a court has ruled the President is subject to civil lawsuits in state court.

In October 2018, Protect Democracy filed another lawsuit on behalf of PEN America, a journalists organization, arguing that Trump was violating the First Amendment by revoking press credentials to punish journalists and threatening media businesses bottom lines: stalling the proposed merger of CNNs parent company, raising postal rates on Amazon (whose founder, Jeff Bezos, owns the Washington Post) and threatening to revoke broadcast licenses. In March, the U.S. District Court for the Southern District of New York ruled the suit could go forward.

Over the course of this presidency, Protect Democracy has broadened its purview, on the theory that threats to American democracy do not begin or end with Trump, and that many of the weaknesses he is exploiting predate him. Presidents of both parties have steadily expanded executive power, while Congress has willingly ceded more and more of its constitutional authorities. Protect Democracy has worked with both parties in Congress to reclaim some power from the Executive Branch, teaming up with GOP Senator Mike Lee on a bill putting new limitations on presidential emergency powers. The legislation advanced out of committee on a bipartisan 11-2 vote. Protect Democracy is also collaborating with advocates who have been working for years to reassert congressional authority over war powers; the group filed lawsuits to force the Administration to release the memos justifying its military strikes on Syrian chemical-weapons sites and the Iranian general Qasem Soleimani.

In 2018, Protect Democracy broke away from its federal work and intervened in recounts under way in two states, Georgia and Florida, where candidates were overseeing elections in which they were also competing. In Georgia, their lawsuit helped prompt gubernatorial candidate Brian Kemp to resign as secretary of state. Since then, the group has sought to find and fix weaknesses in voting systems, lobbying and advocating for new voting machines in South Carolina and Pennsylvania. It has also tackled voter suppression, using an old statute aimed at the Ku Klux Klan to stop a Trump ally from harassing Latino voters in Virginia and working with a North Carolina group, Forward Justice, to bring a lawsuit that would force the state to re-enfranchise felons.

More than a year ago, Protect Democracy formed a bipartisan election task force to examine such threats and recommend responses. Ironically, one of the crises they originally decided not to plan for was a potential pandemic. Now, as COVID-19 has thrown states election plans into doubt, the group has made a set of recommendations for moving forward with mail balloting and other changes.

For now, Protect Democracy says it wants to ensure that the November election is free and fair, producing a result that can be widely accepted as legitimate regardless of who wins. Whenever Trump leaves office, the group envisions a brief window for Congress to pass reforms, similar to the burst of legislation that followed President Nixons resignation. The organization has been gearing up for this with a 100 days agenda of recommendations for the next President, including changes to election systems, prohibitions on election interference and campaign-finance reform.

In a democracy, the people are the ultimate check on power. Protect Democracys central argument is that institutions dont protect themselves; people have to be activated to use the tools the system provides. In a timely metaphor, the groups leaders compare authoritarianism to a virus sweeping the globe: first you treat the patient by activating the bodys immune system to fight off the illness; over time, you formulate a vaccine to provide immunity in the future.

When Ian and I first started talking about this, we thought it would be an organization that lasted however long Trump was in office, then folded up shop, says Florence, the groups co-founder and legal director. What weve learned is that were seeing a moment that requires a generation-long response. Ultimately, weve got to rebuild our institutions to make our system more resistant to a future authoritarian-minded leader.

With reporting by Leslie Dickstein and Josh Rosenberg

This appears in the July 06, 2020 issue of TIME.

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Write to Molly Ball at molly.ball@time.com.

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Trench Lawfare: Inside the Battles to Save Democracy From the Trump Administration - TIME

ANTHONY KIM: Why democracy and free markets are the best antidotes to pandemics – SCNow

In a recent article, The Economist provided compelling evidence that democracies contain epidemics most effectively.

According to the articles analysis:

Most data suggest that political freedom can be a tonic against disease. The Economist has [analyzed] epidemics from 1960 to 2019. Though these outbreaks varied in contagiousness and lethality, a clear correlation emerged. Among countries with similar wealth, the lowest death rates tend to be in places where most people can vote in free and fair elections. Other definitions of democracy give similar results.

Not surprisingly, societies with greater economic freedom through free-market policies also tend to have greater capacity to counter infectious diseases.

Fundamentally, a nations capacity to handle pandemics hinges on the quality of its institutions and economic systems, particularly given the positive linkage between economic freedom and health security capacities to prevent, detect, and respond to significant disease outbreaks, as defined by the Global Health Security Index.

As The Heritage Foundations annual Index of Economic Freedom reminds us, policies and governing systems that promote freedom through improvements in the rule of law and transparency, the promotion of competition, and suitable restraints on the size and economic reach of government turn out in practice to best provide practical solutions to the wide range of challenges that constantly confront the world.

Greater economic freedom tends to create fertile ground for effective and democratic governance, but is also reinforced by it. According to the data, the positive relationship that exists between economic freedom and democratic governance is undeniable.

By empowering people to exercise greater control of their daily lives, economic freedom ultimately nurtures political reform by making it possible for individuals to gain the economic resources that they can use to challenge entrenched interests or compete for political power, thereby encouraging the creation of more pluralistic and inclusive societies.

In an unprecedented period of uncertainty and anxiety, the world is witnessing how countries across the political and free-market spectrums respond to the pandemic and its adverse impact on their societies.

As this critical effort continues, its vital to preserve institutions and policies that advance good governance and economic freedom.

As The Heritage Foundations guiding principle reminds us:

America is strongest when our policies protect our national interests, preserve our alliances of free peoples, vigorously counter threats to our security, and advance prosperity through economic freedom at home and abroad.

It wont be an easy task, but the American people have always risen to a challenge. Now is the time to take decisive and carefully targeted policy actions that uphold the rule of law and reignite economic dynamism to minimize the human cost of the coronavirus and ensure Americas accelerated economic rebound in the months ahead.

Anthony B. Kim, a research manager and dditor of the Index of Economic Freedom, researches international economic issues at The Heritage Foundation with a focus on economic freedom and free trade. This piece originally appeared in The Daily Signal.

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ANTHONY KIM: Why democracy and free markets are the best antidotes to pandemics - SCNow

Direct Democracy Struggles, But Survives In Arizona During The Pandemic – KJZZ

Scott Bourque/KJZZ

A voter signs a petition for a criminal justice reform initiative during a signature gathering event at the downtown Phoenix farmer's market, June 20, 2020.

Gov. Doug Ducey's stay-at-home order at the end of March was a knife to the heart of many initiatives in Arizona. Though the governor protected campaigning as an essential activity, gone were the days of gathering signatures at public libraries or farmer's markets.

But the realities of the pandemic had already manifested on the campaign trail well before that.

"When you go back and look at our signature totals and our daily reporting, you can see that it actually started around the second or third of March, where the apprehension of signing petition signatures and, you know, campaigning in and around people had changed dramatically," said Andrew Chavez, the owner of the signature gathering firm Petition Partners. "People started to understand that distancing was important."

Chavez said his staff went from collecting 67 signatures an hour to less than one.

On March 25, Chavez pulled all his staff from the field. He spent the next nine days trying to determine if his business could survive amid the pandemic.

"We honestly did not know," he said. "Take yourself back to that time and the amount of confusion that was going on about COVID and understanding transferability rates, where the virus was on paper or cardboard or plastic. That was all really big questions that we had, we just didn't know we're going to be able to do it safely.

Chavez has found ways to manage, as have a handful of initiatives still in the field.

There's the Stop Surprise Billing and Protect Patients, which seeks to reform the way patients are billed for pre-existing conditions. The Smart and Safe Arizona Act hopes to legalize recreational marijuana, four years after voters rejected a similar measure.

Smart and Safe has more than enough signatures to qualify, according to campaign spokeswoman Stacy Pearson. Theyve been in the field gathering signatures since late 2019.

Scott Bourque/KJZZ

Dawn Penich-Thacker collects signatures for a ballot initiative ahead of the 2020 election at the downtown Phoenix farmer's market, June 20, 2020.

Pearson represents two other initiatives that got a late start: The Invest In Education Act would raise taxes to better fund schools; the Second Chances, Rehabilitation and Public Safety Act aims to reduce recidivism, among other criminal justice reforms.

"Both of those campaigns got in the field around Presidents Day, and only had a couple of weeks before the pandemic hit," Pearson said.

Petition Partners works for both campaigns, and had to adjust their strategy.

Chavez said they focus on door-to-door campaigning, a tactic that typically makes up less than 25 percent of their signature gathering efforts. Those efforts have been more successful as of late. Chavez said they give advance notice to neighborhoods before stopping by for signatures, and there seems to be a real desire for dialogue.

But its not as efficient as gathering signatures at crowded public places, so Chavez hired hundreds of new employees.

It'd usually take 150 to 200 signature gatherers to staff a successful campaign. Chavez said he has 600 people in the field right now. Due to staggering levels of unemployment, there were ample applicants.

"We had pilots, flight attendants, bartenders, servers, teachers, who were in need for a job. And luckily, we hired all the way through," he said.

Pearson said the resilience of volunteers has also been remarkable. People who gathered only a handful of signatures in February held on to their petition sheets.

In recent weeks, they started collecting again.

"It's unlike anything I've ever seen for, for any campaign that I've worked on. Yeah, it has ramped up; it is a straight ascension into the sky," she said.

Volunteers from other ballot initiatives that pulled the plug on their campaigns have helped boost the signature gathering efforts for Invest in Education and Second Chances.

Dawn Penich-Thacker of Save Our Schools Arizona was working on her own organizations effort to restrict Arizona from expanding school voucher programs. At Saturdays farmers market in downtown Phoenix, she was trying to get signatures on petitions for education funding and criminal justice reform.

"A lot of people like zoom right over when they hear those words," she said. "And then other people are kind of like Im just shopping, you know?"

Aside from door-to-door canvassing, large events are how organizers gather signatures for candidates and ballot initiatives.

But in mid-March, when the gravity of the coronavirus pandemic became apparent, events stopped.

The deadline to get signatures remained unchanged, and the state law doesn't allow online signature gathering for ballot initiatives. Canvassers were forced to get creative if they wanted to stay on track.

"We have a lot of volunteers who put petitions on their driveway, and they watched through a window. And they just tell their neighbors, 'If you feel comfortable, Ill be 12 feet away, come through and sign,'" Penich-Thacker said.

They really only got about a dozen signatures a day doing that. It wasnt until mid-May, when the governors stay at home order expired and some events resumed, that they were able to continue.

"A lot of people were like Yes! Were going out again! Ill put on my mask and Ill be there," she said.

Now, canvassers and signature collectors host signature-gathering events at local businesses and public gatherings, like the farmers market.

Howard Fischer/Capitol Media Services

Dawn Penich-Thacker in 2018.

But its different. Instead of going out and mingling with the crowd, they stay at a table or booth. Theyre wearing masks. They sterilize pens in between each signature and offer hand sanitizer to everybody who signs.

If anything, though, current events seem to have bolstered enthusiasm among voters.

"This is the moment," Penich-Thacker said. "Our public schools are already underfunded, and now what were going to have to do to keep students and teachers safe is going to require a lot of money. And with Black Lives Matter and the police violence issues weve been facing have put criminal justice reform more in the spotlight. No one could have planned that. But it makes these two issues in particular really front of mind for a lot of voters. When they see us out, a lot of them say Ive been looking for you, thank you for being here.

Signatures are due on July 2.

Both the education and criminal justice reform initiatives have cleared the roughly 237,000 signature threshold to qualify for the ballot.

But there's still one more weekend to collect, and Penich-Thacker said more signatures are always better.

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Direct Democracy Struggles, But Survives In Arizona During The Pandemic - KJZZ

Those who have not seen the dark side of dictatorship, dont truly appreciate the value of freedoms today – The Indian Express

Written by Ram Madhav | Updated: June 25, 2020 9:01:00 am Liberal democracies are facing multiple challenges. This pandemic has become an excuse for some leaders to usurp more powers and become more authoritarian. (File Photo)

American novelist David Foster Wallace began his commencement speech at the Kenyon College of liberal arts in Gambier, Ohio, with an instructive story. Two young fish were swimming along and bumped into an older fish swimming the other way. Morning, boys! Hows the water?, asks the older fish. The two young fish continue to swim on, and eventually, one of them asks, What the hell is water?

Reality, for many, becomes so obvious sometimes that they fail to appreciate its value. People in many democracies behave like those young fish today. They dont realise that with all its defects, democracy is the best available form of government.

Democracy, a Herodotus-era institution of the rule of the people, took wing only in the last seven decades. There were 137 autocracies and just 12 democracies in 1945. Bolstered by the victory of the democratic Allied forces, more and more countries turned democratic. By 2001, this number grew to 88 and equalled autocracies. Today, the world has more than a hundred democratic countries while 80 are autocracies.

Opinion | Ruler alone is not accountable, everyone who succumbs to authority is no less guilty

But democracies are in decline. In the last two decades, more and more countries have become less and less democratic. The Economist recently reported that only 22 countries can be called true democracies, while another 53 countries can, at best, be described as flawed democracies. More than half of the countries in the world are either semi-autocracies or downright dictatorships.

Liberal democracies are facing multiple challenges. This pandemic has become an excuse for some leaders to usurp more powers and become more authoritarian. The rise of the far left and left-liberal anarchist forces, wanting to destroy mankinds valuable possession of democracy, is also discernible in many countries. Post-modernist scholars are trying to dub democracies pejoratively as populist. They argue that democracies are posing a danger to our freedom. They seek to pit people against democracy.

It is nobodys case that democracies are perfect. There is no single definition of democracy that is universally acceptable. There are illiberal democracies as Fareed Zakaria pointed out and liberal un-democracies as Yascha Mounk wrote. But the alternative to democracy, historically, has only been authoritarian dictatorships. When societies fail to appreciate the value of democratic principles, either dictators are created or anarchy reigns. It also happened, albeit just for less than two years, in India.

Forty-five years ago, on this day, June 25, 1975, Indias democracy was shackled by Prime Minister Indira Gandhi. Citing internal disturbance and imminent danger to the security of India as the reasons, she invoked Article 352 of the Constitution and declared a state of internal emergency. The country was pushed into a dictatorship that lasted for 21 months. Fundamental rights were suspended. Over 1.4 lakh people were detained, including opposition party leaders. The media was gagged, and even the higher judiciary became a pliant handmaiden of Indira Gandhi. The entire country was converted into a prison of fear. Indira Gandhis loyalist attorney general, Niren De, had ominously told the Supreme Court that the Emergency gave powers to the government even to take away the life of a citizen and yet not be answerable to anybody. Citizens lives and limbs were under threat.

As months passed by, the Stockholm Syndrome set it. Many eminent journalists and writers were singing paeans to the government. When asked to bend, they crawled, L K Advani, who spent the entire duration of the Emergency in jail along with colleagues such as Atal Bihari Vajpayee, commented wryly: Hitlerian fascism was reincarnated in Indiras Emergency.

Hitler, after getting elected to the Reichstag the Lower House of the Weimar Republic in 1933, had made his National Socialist Party redundant. Senior party leaders were made inconsequential in Hitlers Third Reich. Sycophants and courtiers replaced them. Joseph Goebbels, the propaganda chief, became the most powerful leader due to his proximity to the Fuhrer. A systematic campaign against Jews was unleashed, culminating in their genocide towards the end of the Reich.

Something similar had happened in India during those years. Vidya Charan Shukla, minister for information and broadcasting, became the new Goebbels. Sanjay Gandhi emerged as the super prime minister with a coterie of officials running the show. A systematic Islamophobic campaign was unleashed by this coterie. Sanjay and his coterie became infamous for their forced sterilisation programmes. Corruption and sycophancy had reached unforeseen heights. Dev Kant Barooah, president of the Congress during those years, had acquired sycophantic notoriety by coining the slogan Indira is India and India is Indira, something on the lines of the mandatory Heil Hitler salute.

If Indias millennials take to the streets today with anarchist slogans, that is because they are like those young fish in the water, who have never seen the dark side of a dictatorship. Thanks to the valiant fight against the draconian Emergency by the forces that are in power today, the country has enjoyed liberal democracy for four-and-a-half decades. We did not have autocrats partly because of the Gulliverisation of our politics for many years, where smaller parties would pull the strings of power. When a stable majority returned after three decades, the country was in the hands of those who were victims of the Emergency regimes excesses and fought for democracy.

The freedom that the anarchists and their left-liberal cohorts enjoy in the countrys media and public life today is because we have leaders in the government who fought for that very freedom and are committed to liberal democratic values, not just as a matter of compulsion but as an article of faith.

This article first appeared in the print edition on June 25 under the title When democracy was shackled. The writer is national general secretary, BJP, and director, India Foundation.

Opinion | India is steadily creeping from democracy to some form of thugocracy

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Those who have not seen the dark side of dictatorship, dont truly appreciate the value of freedoms today - The Indian Express

Assessing the Immunity of Democracy in Greece – The Pappas Post

Written by Stefanos Loukopoulosfor theHeinrich-Bll-StiftungFoundation

Throughout the world, most media outlets and pundits are so consumed by the public health and economic consequences of COVID-19 that they consistently fail to highlight the looming political and institutional risks ahead.

Unfortunately, the pandemic is not just here to test the robustness of our healthcare systems and economies but also the very foundations of our democracies and our perceptions of them. A recent report by the United Nations (COVID-19 and Human Rights: We are all in this together) in fact warns that The pandemic could provide a pretext to undermine democratic institutions, quash legitimate dissent or disfavored people or groups, with far-reaching consequences that we will live with, far beyond the immediate crisis.

When analyzing the broader impact of the pandemic one therefore needs to take a holistic approach, looking at the interplay between public health, the economy and its impact upon the livelihoods of people, as it is the combination of all these variables that will define the course of our democratic systems both in the short and the long term.

As we should all be very well aware of by now, economic collapse and protracted recession combined with a pervasive sense of fear and insecurity felt within society in this case instigated by COVID-19 can be the breeding ground for acute intrasocietal polarization, extreme alt-right ideas, disinformation, demagogy and political instability often leading to authoritarian approaches.

The above constitute a real threat to the stability of our democracies and as such all necessary steps need to be taken to safeguard our democracies and rights whilst also protecting public health.

In this sense it is imperative to galvanize a feeling of trust in our democratic institutions and elected parliaments. There is no better way to achieve this than to promote further transparency and accountability both at government and parliamentary level through access to information, transparency in public procurements, transparency in political parties and MPs finances.

Democratic governments are currently attempting to balance between extraordinary measures which will ensure the protection of their citizens whilst not curtailing their basic freedoms and democratic rights. The Greek government has seemingly fared relatively well in terms of keeping this fine balance. The protective measures and the lockdown that ensued have undoubtedly proven to be effective, as the country has to this day, to a significant extent managed to successfully contain the pandemic. There are, however, a number of justified concerns as to the Greek governments track record on transparency, openness and access to information during this period.

In analysing the proportionality of the measures taken by the Greek government in its effort to tackle the pandemic one needs to firstly draw a distinct line between the first stage of implementation i.e. the lockdown and the current stage which involves the gradual easing of the restrictions and the return to a contained normality. It is essential to make such a distinction as the circumstances upon which the two stages of measures were implemented differed significantly in terms of urgency, preparedness of the state mechanism and acceptance by the wider population.

The Greek government without any doubt reacted swiftly (with the exception of the delayed closure of churches) in implementing the first stage measures which broadly speaking had a positive impact upon the containment of the pandemic. Most importantly it is worth noting that despite their authoritarian nature they enjoyed considerable legitimacy in the eyes of both the vast majority of Greek citizens and the political parties of the opposition. Undoubtedly the overarching sense of fear and insecurity that the pandemic instilled in in most of us was reason enough for the acceptance and justification of such draconian measures despite the entailed sacrifice in basic democratic rights. This collective reaction should not surprise us, history after all teaches us that people are often led to accept if not embrace in a quasi-instinctual fashion the curtailment of fundamental rights in times of crisis and deep concern for their wellbeing.

From astrictly constitutional/legal perspectivethe measures taken by the Greek government were, taking into account the facts and data now available to us, both constitutionally legitimate and in line with the proportionality principle. According to the Greek constitution in fact, the protection of human life constitutes an overarching duty of the polity. This of course is upon the condition that the measures are temporary and continually revised vis a vis their necessity in protecting public health.

With regards to the second stage, we see that despite the fact that the majority of the restrictive measures have been lifted, a considerable number of citizens are finding it hard to follow the current measures. This is due to a combination of factors such as the protracted period of lockdown and its effect upon the psychology of people, the successful management of the pandemic during its first outbreak- which mitigated the fear factor and the failure of the government to communicate effectively the nature and scope of this second stage, which in turn has caused confusion. A case in point is what we have been witnessing lately in public squares across Athens, where congregating citizens especially youngsters have fallenvictims to unjustifiable policeviolence for failing to conform to a rather peculiar strict recommendation not a law advising citizens to stay indoors between midnight and six a.m.

By strictly focusing our discussion on the proportionality of the protective measures imposed by the government one runs the risk of missing the full picture. We can all agree in fact,at least most of us, that the imposed measures in question constituted a grim necessity for the protection of public health. Our analysis therefore should not be focusing so much on the measures per se but rather on the extraordinary conditions that these have created for government to act with limited oversight, transparency and accountability, and the extent to which the government has taken advantage of these conditions in advancing its own agenda largely freed from the restrictions that checks and balances are meant to offer in democracies. After all it is widely accepted that such crises and the shock factor that accompanies them, often present opportunities for governments to act illicitly, especially in cases such as Greece where media freedom and independencerank among the lowest in Europeandcorruption constitutes a chronic disease.

Arguably on the transparency and accountability front, the Greek government unfortunately did not fare as well as it did with the containment of the pandemic.

The easing of the public procurement procedures in an effort to meet the urgent needs of the state caused by the pandemic seems to have been perceived as an opportunity to channel public funds to favor businesses of party friends and supporters. A stark example of such practices is the notorious case of the e-learning platforms intended for free-lance professionals, who instead of receiving financial state aid, received vouchers that would allow them to take online training courses. The government allocated for this purpose a total of 36 million euros to 7 service providers whose selection procedure and the assessment of their learning material (a total of 100,000 pages) was completed in less than a day! Additionally the company details of the beneficiaries were undisclosed in the documents published on the governments transparency portal Diavgia, probably due to the fact that their owners, according touncontested findings, maintain friendly relations with members of the government and the New Democracy party. Another instance of dodgy public contracting practices involves the award of a contract to disinfect the prisons across the country to a company which a few days prior to the call was active only in the field of public relations.

Public procurements are unfortunately not the only area where one can detect a severe lack of transparency on behalf of the government. In fact another noteworthy case is the one where 20 million euros were disbursed to media outlets for the purpose of broadcasting COVID-19-related public messages without disclosing the final beneficiaries and how the sum was distributed.

There are of course more examples that could be added to the list but the point to be made here is that, especially in extraordinary times, ensuring transparency and accountability in decision making processes and public contracting is of the outmost importance. No crisis or state of emergency should constitute an excuse to undermine transparency and accountability, as they both constitute fundamental guarantors of a healthy and stable democracy.

It is widely agreed among the international community of parliamentary monitoring organisations that during this extraordinary period parliaments should remain as functional as possible as their oversight role over government becomes of crucial importance. At the same time, however, it is recommended that the legislative process to the extent that this is feasible should be limited to the bare necessary as the conditions imposed by the pandemic are likely to affect the quality and soundness of the legislative process.

The Greek government recently announced that it plans to pass through parliament 26 bills by the end of July. This has raised a series of concerns which have been voiced by Vouliwatch in arecent communicationaddressed to the Prime Minister and the President of the Hellenic Parliament.

Vouliwatch believes that due to the content of the bills in question consent will be hard to reach among political parties. Without fail, contentious bills are challenged by the opposition parties by making use of all tools available to them in the parliaments regulatory framework. These can include for example a request for a roll call vote or even an exception of unconstitutionality. The extent to which the aforementioned processes will be feasible considering the tight legislative schedule and the extraordinary conditions imposed by the pandemic is unclear, thus raising a question on whether or not opposition parties will be able to exert their right to effectively challenge a bill.

Additionally, 26 bills in the space of 3 months practically translates into two plenary votes per week at a time where COVID-19 related restrictions are in place and the number of MPs allowed both in the committees and plenary has been significantly decreased. The issue of time is of huge importance in this case as from it a number of serious concerns arise. Will the MPs have time to adequately prepare themselves and go over every single article of a given bill while at the same time tabling amendments? Will there be adequate time for them to catch up with all the last minute ministerial amendments which are often irrelevant to the content of the bill and therefore require further scrutiny? Wont the time available for public consultations be severely reduced thus limiting the input of citizens and civil society organisations? In the end, wont the quality of the legislative process as whole which remains problematic as it is suffer significantly?

Finally there is a question of a constitutional nature to be addressed. According to the Greek constitution (article 67) Parliament cannot resolve without an absolute majority of the members present, which in no case may be less than one-fourth of the total number of the Members of Parliament. Given that due to the pandemics restrictions only up to 25 MPs are allowed to be present at once in the plenary can the voting process be considered as being constitutionally sound?

Parliamentary democracy in Greece has already been significantly undermined during the protracted austerity period imposed by the adjustment programs sponsored by the countrys lenders. The vast majority of the legislative process over the past decade in fact concerned the ratification of structural reform policies dictated by the bail out agreements. Further undermining the parliamentary process by using the pandemic as a pretext to bend the rules so that the government can expedite for whatever reason its agenda will most likely result in the further delegitimisation and weakening of the role of the Hellenic Parliament. Parliaments are at the center of democracies and as such safeguarding their function as the supreme oversight and legislative bodies should be of paramount importance for any democratically elected government.

One can only speculate on the long term impact of COVID-19 on democracy. Factors such as the duration of the pandemic and the recovery pace of the economy will undoubtedly play a significant part. Presently democracy is under voluntary quarantine, the challenge ahead is to ensure that this does not turn into the new normal. In this respect it is of paramount importance for civil society, the press and citizens to stay extra vigilant and perform their oversight role over governments expanding their executive power at the cost of transparency and accountability. This is by no means an unattainable task. In fact to an extent we have already been witnessing it in Greece where some of the scandals and irregularities mentioned above have been spotted by concerned citizens and brought to light through the use of social media forcing the government to retract. Surely this constitutes a positive sign for the future of our democracies; after all democracy works best when appropriated by the people.

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Assessing the Immunity of Democracy in Greece - The Pappas Post