RESISTING THREATS

WHO TAKES ACTION?

After years of worrying about democratic decay, we are now increasingly confronted by a different question: how can a constitutional democracy be repaired after being deeply degraded, but not ended, during a period of anti-democratic government?
Such governments cause all kinds of damage to the democratic system, but in this section we are mainly focused on repairing damage to core state institutions such as the courts, prosecution bodies, or legislatures, as well as core processes - especially electoral processes. These are essential to baseline functioning of a viable democratic system.
Governments, judges, civil society and scholars are currently grappling with these challenges and questions as anti-democratic governments have been ousted—at least temporarily—in the USA, Brazil and Poland, and pro-democratic opposition forces have mounted meaningful electoral challenges in states such as Hungary.
The live debates about repair also have real implications for countries continuing to suffer serious democratic decay even where a more democratic opposition’s electoral success is more remote, including two of the world’s largest democracies - India and Indonesia.

It’s fair to question whether ‘decay’ is the right metaphor to capture this phenomenon.
For instance, [Sadurski, Meyer…]
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SEVEN key actors

POLITICAL opposition

A political opposition committed to democracy is a central force to resist an anti-democratic government. This includes not just the opposition in the main legislature, but also city mayors, opposition parties more broadly, and - in federal systems - state governors and legislators.

FOURTH BRANCH BODIES

Stay within standard democratic and rule-of-law norms, even if this means that key areas of institutional damage cannot be repaired. Rebuild the rule of law by strictly respecting legality.

CIVIL SOCIETY

A host of civil society actors play important roles, including: lawyers and bar associations; human rights and democracy promotion non-governmental associations (NGOs); academics; and the cultural sphere.

judges

Judges are a key bulwark against any government project to dismantle constraints on its power. This includes apex courts but extends far beyond adjudication to include action off the bench (e.g. speeches to parliament, reports by judicial associations, protests).

PUBLIC SERVANTS

Public servants more generally can play important roles in countering neo-authoritarian pressures. Such ‘civil service action’ (as opposed to civil action) takes many forms and has to be handled carefully.

INTERNATIONAL ACTORS

International actors that commonly play a role in resistance include: foreign governments; international and regional organisations; international courts; and transnational pro-democracy movements.

THE PUBLIC

It should go without saying that the public are the most important source of resistance to anti-democratic governments. Certainly, they can make themselves heard through elections, media channels, protest and other means. In many states, people power has been crucial to turning the tide. However, issues like constitutional literacy and hyper-polarisation mean that citizen action is complex. It is also notable that, as well as undermining democracy in many ways, social media has become a key tool for citizens to come together and organise leaderless rallies, which have become more common.

WATCH

Can courts save democracy? In this discussion three experts - Jeffrey Staton, Larry Diamond, and DEM DEC Director Tom Daly discuss what judges have done worldwide.

READ AN ANNOTATED AND UPDATED TRANSCRIPT TEXT HERE