scholarly journals Claims of Misrepresentation: A Comparison of Germany and Brazil

2019 ◽  
Vol 7 (3) ◽  
pp. 152-164 ◽  
Author(s):  
Petra Guasti ◽  
Debora Rezende de Almeida

The system of representative democracy is under considerable strain. Its institutions are struggling to maintain legitimacy, and its elected representatives are failing to keep their monopoly on (formal) political representation. An emerging multitude of (new) claim makers contests the authority of elected representatives as well as the functioning of the existing system of representative democracy by alleging misrepresentation. In this article, we identify a significant shortcoming in Saward’s claims-making approach; specifically, we argue that it offers little direction in addressing misrepresentation. We distinguish between claims of representation and claims of misrepresentation, and show how the latter can fulfill one, two or all three of the following functions: (1) they appeal to an enemy/antagonist (strategy), (2) identify causes of misrepresentation related to policies, politics, and polity (persuasion), and (3) claim to create a new linkage to “the people”, sometimes present themselves as new representatives (reframing). To test this proposed framework, we compare claims of misrepresentation in Brazil made by civil society groups (before and during the presidential impeachment between 2014 and 2016) and in Germany (focusing on the parliamentarians of the Alternative for Germany during the first six months of mandate). Our results suggest that claims of misrepresentation are not intrinsically democratic or undemocratic, but are instead ambiguous, have different manifestations and disparate impacts on the representative system. Our article contributes to the conceptual development of the claims approach and to further understanding several critical and current challenges to representative democracy.

2015 ◽  
Vol 16 (4) ◽  
pp. 713-739 ◽  
Author(s):  
Hermann Pünder

Throughout the world, there is debate about how democratic systems should adapt to the demands of their increasingly emancipated citizenries. More than ever, people desire to take part in the creation of their life circumstances. The demand for participation is paired with a growing discontent with the political elites. This article looks at the challenges in the context of Germany's system of government, discussing the leading debates of democratic reform in the EU's largest member state with some incidental remarks on other countries. Specifically, the study analyzes two core components of representative democracy—the electoral process and the parliamentary decision-making procedure—and shows how they should be reformed to ensure political stability in the long run. As a measure for the analysis, the author develops a system of four preconditions, on which successful democratic government depends: Responsiveness and political leadership on the side of the elected representatives; preparedness for participation and acceptance on the part of the represented. The article shows that optimizing democracy on the basis of these pillars is not just advisable as a matter of political prudence. In fact, Germany's constitution, the Basic Law, contains a normative expectation towards the political elites that they continuously improve democracy and ensure its appropriate functioning.


2019 ◽  

Representation is one of the controversial concepts in politics and is therefore hotly debated in political science, philosophy, sociology, historiography and constitutional law. The question ‘What is representation, how should it take place and what should it bring about?’ is therefore still relevant. One of the central questions in democracy theory is whether, in a representative democracy, the people from whom a state’s power emanates are represented in such a way that they can identify with the politics of the rulers. The decisive problem of political representation is the question of legitimacy. It is a question of trust as the basis of the legitimacy of politics. It is hard to gain the people’s trust but easy to gamble it away.


2020 ◽  
pp. 146144482092967 ◽  
Author(s):  
Marco Deseriis

This article advances a new theory of the digital democratic affordance, a concept first introduced by Lincoln Dahlberg to devise a taxonomy of the democratic capacities of digital media applications. Whereas Dahlberg classifies digital media affordances on the basis of preexisting democratic positions, the article argues that the primary affordance of digital media is to abate the costs of political participation. This cost-reducing logic of digital media has diverging effects on political participation. On an institutional level, digital democracy applications allow elected representatives to monitor and consult their constituents, closing some gaps in the circuits of representation. On a societal level, digital media allow constituents to organize and represent their own interests directly. In the former case, digital affordances work instrumentally in the service of representative democracy; in the latter, digital democratic affordances provide a mobilized public with emerging tools that put pressure on the autonomy of representatives.


Author(s):  
Colin Hearfield ◽  
Brian Dollery

In an assessment of representative democracy in Australian local government, this paper considers long-run changes in forms of political representation, methods of vote counting, franchise arrangements, numbers of local government bodies and elected representatives, as well as the thorny question of constitutional recognition. This discussion is set against the background of ongoing tensions between the drive for economic efficiency and the maintenance of political legitimacy, along with more deep-seated divisions emerging from the legal relationship between local and state governments and the resultant problems inherent in local government autonomy versus state intervention.


Topoi ◽  
2021 ◽  
Author(s):  
Albert Weale

AbstractPopulism sees representative government as intrinsically elitist, preferring to think about democracy in terms of the will of the people, expressed through devices such as referendums. However, this view is not one that can be made sense of and seeking to pursue the will of the people is dangerous to democracy. Citizen engagement is important in a representative democracy, but this is best conceived on a model of civil society organizations undertaking practical public deliberation. A philosophical model of deliberation leading to choice is introduced, and the argument that such a theory is itself elitist is considered but found wanting.


Obiter ◽  
2017 ◽  
Vol 38 (3) ◽  
Author(s):  
Moses Retselisitsoe Phooko

The Constitution of the Republic of South Africa, 19961 mandates legislatures at various levels of government to ensure public participation in the law-making process. The Constitution, however, does not map out the parameters of public participation as far as the law-making process is concerned. Thus, a number of questions remain largely unanswered. For instance, does public participation merely constitute consulting with the people? Does it, perhaps, go as far as to require the legislature to consider the views of the people? Supposing the views of the people are considered, does public participation suggest that the end results of the consultation process should reflect the views of the people? As the answers to the foregoing questions are far from conclusive, the aim of this paper is to critically examine the nature of the relationship between participatory and representative democracy in the law-making process in order to ascertain how the courts have resolved conflicts that involve the previously mentioned forms of democracy. This will be done through examining various court cases in which their own elected representatives disregarded the views of the electorate. The argument presented in this paper is that participatory and representative democracies are in conflict with each other. The paper further advocates for the adoption of model legislation on public participation in the law-making process.


Author(s):  
Mark Bovens ◽  
Anchrit Wille

Civil society organizations are, if not schools, at least pools of democracy. In the ‘third sector’, too, active engagement and participation ‘by the people’ have given way to meritocracy, or, in other words, to rule by the well-educated. Many popularly rooted mass organizations have witnessed a decline in membership and political influence. Their role as intermediary between politics and society has been taken over by professionally managed advocacy groups that operate with university educated public affairs consultants. First, the chapter describes the associational revolution, the enormous increase in the number of civil society organizations. Then it in analyses the education gap in membership and the shift from large membership organizations to lean professional advocacy groups, which has occurred over the past three decades. The chapter concludes with a discussion of the net effect of this meritocratization of civil society for political participation and interest representation.


2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Jennifer Alexander ◽  
Kandyce Fernandez

AbstractThe following manuscript employs critical inquiry to analyze the effects of neoliberalism on nonprofits in the U.S. and their capacity to engage in political advocacy and the production of meaning, a pivotal role for civil society institutions. Three false narratives of how nonprofits support democracy are presented followed by a discussion of how neoliberalism and the economization of the sector has delimited their capacity to fulfill their roles of engaging in emancipatory projects or social change. The manuscript concludes with a discussion of how nonprofits can reclaim civic space and empower citizens in a representative democracy.


2021 ◽  
pp. 1-16
Author(s):  
Dorota Szelewa

This article analyses two cases of populist mobilisation – namely, one against a primary school entry-age reform and another against WHO sexuality education and the concept of gender – that took place in Poland between 2008 and 2019. Both campaigns had a populist character and were oriented towards restoring social justice taken away from ‘the people’ by a morally corrupted ‘elite’. There are differences between the cases that can be analytically delineated by assessing whether a religious mobilisation has an overt or a covert character. While the series of protests against the school-age reform represents a case of mobilisation with covert religious symbolism, the campaigns against sexuality education and the use of the concept of gender are characterised by overt religious populism. To characterise the dynamics of the two campaigns, the study uses the concept of a moral panic, emphasising the importance of moral entrepreneurs waging ideological war against the government and/or liberal experts conceived of as ‘folk devils’.


1989 ◽  
Vol 2 (1) ◽  
pp. 3-18
Author(s):  
Oliver Aylmerton

The author describes the main characteristics of the English judicial system and its methodology. A central topic is the so-called judicial legislation, as is illustrated by the developing case lawwith respect to the tort of negligence. The method has the twin advantages of flexibility and pragmatism and it also has the advantages of speed. But there is a minus side also. First, the development of the law in this way can only be achieved at the expense of certainty. Secondly, it involves the alteration of the law, sometimes a quite radical alteration, without any extensive consideration of the practical and economic results such as would take place in the course of parliamentary scrutiny and debate. Judges are not the elected representatives of the people and the methodology of English Judges which results in the development and alteration of the law without the benefit of parliamentary debate may not perhaps be altogether a satisfactory democratic process to a constitutional purist.


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