The Rise of Illiberal Democracy

Fareed Zakaria

From Foreign Affairs, November/ December 1997

Summary:  Around the world, democratically elected regimes are routinely ignoring limits on their power and depriving citizens of basic freedoms. From Peru to the Philippines, we see the rise of a disturbing phenomenon: illiberal democracy. It has been difficult to recognize because for the last century in the West, democracy -- free and fair elections -- has gone hand in hand with constitutional liberalism -- the rule of law and basic human rights. But in the rest of the world, these two concepts are coming apart. Democracy without constitutional liberalism is producing centralized regimes, the erosion of liberty, ethnic competition, conflict, and war. The international community and the United States must end their obsession with balloting and promote the gradual liberalization of societies.

Fareed Zakaria is Managing Editor of Foreign Affairs and a Contributing Editor for Newsweek.

This definition also accords with the commonsense view of the term. If a country holds competitive, multiparty elections, we call it democratic. When public participation in politics is increased, for example through the enfranchisement of women, it is seen as more democratic. Of course elections must be open and fair, and this requires some protections for freedom of speech and assembly. But to go beyond this minimalist definition and label a country democratic only if it guarantees a comprehensive catalog of social, political, economic, and religious rights turns the word democracy into a badge of honor rather than a descriptive category. After all, Sweden has an economic system that many argue curtails individual property rights, France until recently had a state monopoly on television, and England has an established religion. But they are all clearly and identifiably democracies. To have democracy mean, subjectively, "a good government" renders it analytically useless.

Constitutional liberalism, on the other hand, is not about the procedures for selecting government, but rather government's goals. It refers to the tradition, deep in Western history, that seeks to protect an individual's autonomy and dignity against coercion, whatever the source -- state, church, or society. The term marries two closely connected ideas. It is liberal because it draws on the philosophical strain, beginning with the Greeks, that emphasizes individual liberty.< It is constitutional because it rests on the tradition, beginning with the Romans, of the rule of law. Constitutional liberalism developed in Western Europe and the United States as a defense of the individual's right to life and property, and freedom of religion and speech. To secure these rights, it emphasized checks on the power of each branch of government, equality under the law, impartial courts and tribunals, and separation of church and state. Its canonical figures include the poet John Milton, the jurist William Blackstone, statesmen such as Thomas Jefferson and James Madison, and philosophers such as Thomas Hobbes, John Locke, Adam Smith, Baron de Montesquieu, John Stuart Mill, and Isaiah Berlin. In almost all of its variants, constitutional liberalism argues that human beings have certain natural (or "inalienable") rights and that governments must accept a basic law, limiting its own powers, that secures them. Thus in 1215 at Runnymede, England's barons forced the king to abide by the settled and customary law of the land. In the American colonies these laws were made explicit, and in 1638 the town of Hartford adopted the first written constitution in modern history. In the 1970s, Western nations codified standards of behavior for regimes across the globe. The Magna Carta, the Fundamental Orders of Connecticut, the American Constitution, and the Helsinki Final Act are all expressions of constitutional liberalism.

THE ROAD TO LIBERAL DEMOCRACY

Since 1945 Western governments have, for the most part, embodied both democracy and constitutional liberalism. Thus it is difficult to imagine the two apart, in the form of either illiberal democracy or liberal autocracy. In fact both have existed in the past and persist in the present. Until the twentieth century, most countries in Western Europe were liberal autocracies or, at best, semi-democracies. The franchise was tightly restricted, and elected legislatures had little power. In 1830 Great Britain, in some ways the most democratic European nation, allowed barely 2 percent of its population to vote for one house of Parliament; that figure rose to 7 percent after 1867 and reached around 40 percent in the 1880s. Only in the late 1940s did most Western countries become full-fledged democracies, with universal adult suffrage. But one hundred years earlier, by the late 1840s, most of them had adopted important aspects of constitutional liberalism -- the rule of law, private property rights, and increasingly, separated powers and free speech and assembly. For much of modern history, what characterized governments in Europe and North America, and differentiated them from those around the world, was not democracy but constitutional liberalism. The "Western model" is best symbolized not by the mass plebiscite but the impartial judge.

The recent history of East Asia follows the Western itinerary. After brief flirtations with democracy after World War II, most East Asian regimes turned authoritarian. Over time they moved from autocracy to liberalizing autocracy, and, in some cases, toward liberalizing semi-democracy. Most of the regimes in East Asia remain only semi-democratic, with patriarchs or one-party systems that make their elections ratifications of power rather than genuine contests. But these regimes have accorded their citizens a widening sphere of economic, civil, religious, and limited political rights. As in the West, liberalization in East Asia has included economic liberalization, which is crucial in promoting both growth and liberal democracy. Historically, the factors most closely associated with full-fledged liberal democracies are capitalism, a bourgeoisie, and a high per capita GNP. Today's East Asian governments are a mix of democracy, liberalism, capitalism, oligarchy, and corruption -- much like Western governments circa 1900.

Constitutional liberalism has led to democracy, but democracy does not seem to bring constitutional liberalism. In contrast to the Western and East Asian paths, during the last two decades in Latin America, Africa, and parts of Asia, dictatorships with little background in constitutional liberalism have given way to democracy. The results are not encouraging. In the western hemisphere, with elections having been held in every country except Cuba, a 1993 study by the scholar Larry Diamond determined that 10 of the 22 principal Latin American countries "have levels of human rights abuse that are incompatible with the consolidation of [liberal] democracy." In Africa, democratization has been extraordinarily rapid. Within six months in 1990 much of Francophone Africa lifted its ban on multiparty politics. Yet although elections have been held in most of the 45 sub-Saharan states since 1991 (18 in 1996 alone), there have been setbacks for freedom in many countries. One of Africa's most careful observers, Michael Chege, surveyed the wave of democratization and drew the lesson that the continent had "overemphasized multiparty elections . . . and correspondingly neglected the basic tenets of liberal governance." In Central Asia, elections, even when reasonably free, as in Kyrgyzstan and Kazakstan, have resulted in strong executives, weak legislatures and judiciaries, and few civil and economic liberties. In the Islamic world, from the Palestinian Authority to Iran to Pakistan, democratization has led to an increasing role for theocratic politics, eroding long-standing traditions of secularism and tolerance. In many parts of that world, such as Tunisia, Morocco, Egypt, and some of the Gulf States, were elections to be held tomorrow, the resulting regimes would almost certainly be more illiberal than the ones now in place.

Many of the countries of Central Europe, on the other hand, have moved successfully from communism to liberal democracy, having gone through the same phase of liberalization without democracy as other European countries did during the nineteenth century. Indeed, the Austro-Hungarian empire, to which most belonged, was a classic liberal autocracy. Even outside Europe, the political scientist Myron Weiner detected a striking connection between a constitutional past and a liberal democratic present. He pointed out that, as of 1983, "every single country in the Third World that emerged from colonial rule since the Second World War with a population of at least one million (and almost all the smaller colonies as well) with a continuous democratic experience is a former British colony." British rule meant not democracy -- colonialism is by definition undemocratic -- but constitutional liberalism. Britain's legacy of law and administration has proved more beneficial than France's policy of enfranchising some of its colonial populations.

While liberal autocracies may have existed in the past, can one imagine them today? Until recently, a small but powerful example flourished off the Asian mainland -- Hong Kong. For 156 years, until July 1, 1997, Hong Kong was ruled by the British Crown through an appointed governor general. Until 1991 it had never held a meaningful election, but its government epitomized constitutional liberalism, protecting its citizens' basic rights and administering a fair court system and bureaucracy. A September 8, 1997, editorial on the island's future in The Washington Post was titled ominously, "Undoing Hong Kong's Democracy." Actually, Hong Kong has precious little democracy to undo; what it has is a framework of rights and laws. Small islands may not hold much practical significance in today's world, but they do help one weigh the relative value of democracy and constitutional liberalism. Consider, for example, the question of where you would rather live, Haiti, an illiberal democracy, or Antigua, a liberal semi-democracy. Your choice would probably relate not to the weather, which is pleasant in both, but to the political climate, which is not.

ABSOLUTE SOVEREIGNTY

John Stuart Mill opened his classic On Liberty by noting that as countries became democratic, people tended to believe that "too much importance had been attached to the limitation of power itself. That . . . was a response against rulers whose interests were opposed to those of the people." Once the people were themselves in charge, caution was unnecessary. "The nation did not need to be protected against its own will." As if confirming Mill's fears, consider the words of Alexandr Lukashenko after being elected president of Belarus with an overwhelming majority in a free election in 1994, when asked about limiting his powers: "There will be no dictatorship. I am of the people, and I am going to be for the people."