Debating Electoral Systems
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Proxy Voting Guidelines Benchmark Policy Recommendations TITLE
UNITED STATES Proxy Voting Guidelines Benchmark Policy Recommendations TITLE Effective for Meetings on or after February 1, 2021 Published November 19, 2020 ISS GOVERNANCE .COM © 2020 | Institutional Shareholder Services and/or its affiliates UNITED STATES PROXY VOTING GUIDELINES TABLE OF CONTENTS Coverage ................................................................................................................................................................ 7 1. Board of Directors ......................................................................................................................................... 8 Voting on Director Nominees in Uncontested Elections ........................................................................................... 8 Independence ....................................................................................................................................................... 8 ISS Classification of Directors – U.S. ................................................................................................................. 9 Composition ........................................................................................................................................................ 11 Responsiveness ................................................................................................................................................... 12 Accountability .................................................................................................................................................... -
The Tyranny of the Super-Majority: How Majority Rule Protects Minorities
UC Irvine CSD Working Papers Title The Tyranny of the Super-Majority: How Majority Rule Protects Minorities Permalink https://escholarship.org/uc/item/18b448r6 Author McGann, Anthony J. Publication Date 2002-10-01 eScholarship.org Powered by the California Digital Library University of California CSD Center for the Study of Democracy An Organized Research Unit University of California, Irvine www.demo.uci.edu This paper demonstrates that majority rule is the decision rule that provides most protection for the worst-off minority. Dahl (1956, 1988) argues that the values of popular sovereignty and political equality dictate the use of majority rule. However, there are other values that we need to take into account besides popular sovereignty and political equality, notably the protection of minority rights and stability. Thus it is commonly argued that there is a trade- off between political equality (maximized by majority rule) and minority protection (better provided by systems with external checks and balances, which require more than a simple majority to enact legislation). This paper argues that this trade-off does not exist and that actually majority rule provides most protection to minorities. Furthermore it does so precisely because of the instability inherent in majority rule. Majority rule is the only decision rule that completely satisfies political equality. May (1952) shows that majority rule is the only positively responsive voting rule that satisfies anonymity (all voters are treated equally) and neutrality (all alternatives are treated equally). If we use a system other than majority rule, then we lose either anonymity or neutrality. That is to say, either some voters must be privileged over others, or some alternative must be privileged over others. -
Croatia: Three Elections and a Funeral
Conflict Studies Research Centre G83 REPUBLIC OF CROATIA Three Elections and a Funeral The Dawn of Democracy at the Millennial Turn? Dr Trevor Waters Introduction 2 President Tudjman Laid To Rest 2 Parliamentary Elections 2/3 January 2000 5 • Background & Legislative Framework • Political Parties & the Political Climate • Media, Campaign, Public Opinion Polls and NGOs • Parliamentary Election Results & International Reaction Presidential Elections - 24 January & 7 February 2000 12 Post Tudjman Croatia - A New Course 15 Annex A: House of Representatives Election Results October 1995 Annex B: House of Counties Election Results April 1997 Annex C: Presidential Election Results June 1997 Annex D: House of Representatives Election Results January 2000 Annex E: Presidential Election Results January/February 2000 1 G83 REPUBLIC OF CROATIA Three Elections and a Funeral The Dawn of Democracy at the Millennial Turn? Dr Trevor Waters Introduction Croatia's passage into the new millennium was marked by the death, on 10 December 1999, of the self-proclaimed "Father of the Nation", President Dr Franjo Tudjman; by make or break Parliamentary Elections, held on 3 January 2000, which secured the crushing defeat of the former president's ruling Croatian Democratic Union, yielded victory for an alliance of the six mainstream opposition parties, and ushered in a new coalition government strong enough to implement far-reaching reform; and by two rounds, on 24 January and 7 February, of Presidential Elections which resulted in a surprising and spectacular victory for the charismatic Stipe Mesić, Yugoslavia's last president, nonetheless considered by many Croats at the start of the campaign as an outsider, a man from the past. -
The Majoritarian Difficulty and Theories of Constitutional Decision Making
THE MAJORITARIAN DIFFICULTY AND THEORIES OF CONSTITUTIONAL DECISION MAKING Michael C. Dorf* Recent scholarship in political science and law challenges the view that judicial review in the United States poses what Alexander Bickel famously called the “counter-majoritarian difficulty.” Although courts do regularly invalidate state and federal action on constitutional grounds, they rarely depart substantially from the median of public opinion. When they do so depart, if public opinion does not eventually come in line with the judicial view, constitutional amendment, changes in judicial personnel, and/or changes in judicial doctrine typically bring judicial understandings closer to public opinion. But if the modesty of courts dissolves Bickel’s worry, it raises a distinct one: Are courts that roughly follow public opinion capable of protecting minority rights against majoritarian excesses? Do American courts, in other words, have a “majoritarian difficulty?” This Article examines that question from an interpretive perspective. It asks whether there is a normatively attractive account of the practice of judicial review that takes account of the Court’s inability to act in a strongly counter-majoritarian fashion. After highlighting difficulties with three of the leading approaches to constitutional interpretation— representation-reinforcement, originalism, and living constitutionalism—the Essay concludes that accounts of the Court as a kind of third legislative chamber fit best with its majoritarian bias. However, such third-legislative-chamber accounts rest on libertarian premises that lack universal appeal. They also lack prescriptive force, although this may be a strength: Subordinating an interpretive theory—such as representation-reinforcement, originalism, or living constitutionalism—to a view of judicial review as a form of third-legislative-chamber veto can ease the otherwise unrealistic demands for counter-majoritarianism that interpretive theories face. -
Majoritarian Politics in Sri Lanka: the ROOTS of PLURALISM BREAKDOWN
Majoritarian Politics in Sri Lanka: THE ROOTS OF PLURALISM BREAKDOWN Neil DeVotta | Wake Forest University April 2017 I. INTRODUCTION when seeking power; and the sectarian violence that congealed and hardened attitudes over time Sri Lanka represents a classic case of a country all contributed to majoritarianism. Multiple degenerating on the ethnic and political fronts issues including colonialism, a sense of Sinhalese when pluralism is deliberately eschewed. At Buddhist entitlement rooted in mytho-history, independence in 1948, Sinhalese elites fully economic grievances, politics, nationalism and understood that marginalizing the Tamil minority communal violence all interacting with and was bound to cause this territorialized community stemming from each other, pushed the island to eventually hit back, but they succumbed to towards majoritarianism. This, in turn, then led to ethnocentrism and majoritarianism anyway.1 ethnic riots, a civil war accompanied by terrorism What were the factors that motivated them to do that ultimately killed over 100,000 people, so? There is no single explanation for why Sri democratic regression, accusations of war crimes Lanka failed to embrace pluralism: a Buddhist and authoritarianism. revival in reaction to colonialism that allowed Sinhalese Buddhist nationalists to combine their The new government led by President community’s socio-economic grievances with Maithripala Sirisena, which came to power in ethnic and religious identities; the absence of January 2015, has managed to extricate itself minority guarantees in the Constitution, based from this authoritarianism and is now trying to on the Soulbury Commission the British set up revive democratic institutions promoting good prior to granting the island independence; political governance and a degree of pluralism. -
From Participatory Democracy to Digital Democracy
Fast Capitalism ISSN 1930-014X Volume 1 • Issue 2 • 2005 doi:10.32855/fcapital.200502.003 From Participatory Democracy to Digital Democracy Mark Kann Tom Hayden posted on his website, http://www.tomhayden.com, an article he coauthored with Dick Flacks to commemorate the fortieth anniversary of the Port Huron Statement. The two SDS founders concluded, “Perhaps the most important legacy of the Port Huron Statement is the fact that it introduced the concept of participatory democracy to popular discourse and practice.” The concept of participatory democracy encompassed values such as equality, decentralization, and consensus decision-making. It provided direction for “all those trying to create a world where each person has a voice in the decisions affecting his or her life.” [1] In this article, I suggest that Port Huron’s concept of participatory democracy included some ideas that were potentially antithetical to democracy and that potential, unfortunately, is being fulfilled in contemporary theories of digital democracy. The Port Huron Statement Revisited The Port Huron Statement contained two underlying themes that potentially subverted democratic equality. One was the notion that the American people were fundamentally flawed, most apparently, by their apathy. The other was that the best means to eliminate this flaw was to follow the lead of rational, deliberative activists. Both themes could be (and would be) used to justify political inequalities. Port Huron’s student-authors expressed a dim view of American citizens. The American people had closed minds. They exhibited a foolish confidence that the nation could muddle through its problems. They harbored a false sense of contentment, “a glaze above deeply felt anxieties,” arising out of loneliness, isolation, and estrangement. -
Toward Muslim Democracies Saad Eddin Ibrahim
Toward Muslim Democracies Saad Eddin Ibrahim Journal of Democracy, Volume 18, Number 2, April 2007, pp. 5-13 (Article) Published by Johns Hopkins University Press DOI: https://doi.org/10.1353/jod.2007.0025 For additional information about this article https://muse.jhu.edu/article/214438 Access provided by your local institution (27 Feb 2017 15:55 GMT) TOWARD MUSLIM DEMOCRACIES Saad Eddin Ibrahim Saad Eddin Ibrahim, founder and chairman of the Ibn Khaldun Center for Development Studies and professor of political sociology at the American University in Cairo, delivered the 2006 Seymour Martin Lipset Lecture on Democracy in the World (see box on p. 6). Dr. Ibrahim has been one of the Arab world’s most prominent spokesmen on behalf of democracy and human rights. His 2000 arrest and subsequent seven- year sentence for accepting foreign funds without permission and “tar- nishing” Egypt’s image sparked a loud outcry from the international community. In 2003, Egypt’s High Court of Cassation declared his trial improper and cleared him of all charges. He is the author, coauthor, or editor of more than thirty-five books in Arabic and English, including Egypt, Islam, and Democracy: Critical Essays (2002). The late Seymour Martin Lipset was one of the greatest men I have known in my life as an academic and as an activist. He was the first person I was introduced to—through his seminal 1960 book Political Man1—during my first year of graduate school at UCLA, in 1963. As a matter of fact, I had thought that I was going to be his student before I learned, much to my disappointment, that he was teaching at another campus of the University of California. -
Simple-Majority Rule and the Size of the Bundestag
Gutenberg School of Management and Economics & Research Unit “Interdisciplinary Public Policy” Discussion Paper Series Simple-majority rule and the size of the Bundestag Salvatore Barbaro (Corresponding author) Anna Specht May 03, 2021 Discussion paper number 2105 Johannes Gutenberg University Mainz Gutenberg School of Management and Economics Jakob-Welder-Weg 9 55128 Mainz Germany https://wiwi.uni-mainz.de/ Contact Details: Salvatore Barbaro Johannes Gutenberg-University Mainz Department of Law and Economics 55099 Mainz, Germany [email protected] Anna Specht Johannes Gutenberg-University Mainz Department of Law and Economics 55099 Mainz, Germany All discussion papers can be downloaded from http://wiwi.uni-mainz.de/DP Simple-majority rule and the size of the Bundestag Salvatore Barbaro∗ Anna Specht Johannes-Gutenberg University Institute for Policy Evaluation May 3, 2021 ∗Corresponding author · B Johannes Gutenberg-University Mainz, Department of Law and Eco- nomics, 55099 Mainz, Germany k [email protected] 1 Abstract How should an excessively large parliament be effectively reduced in size without violating constitutional principles? This is a question that the Ger- man Bundestag discussed since introducing the 2013 electoral reform until today. Facing a Bundestag consisting of 709 members and facing some public dissatisfaction, a reform to decrease the parliament’s size was adopted in 2020. With the 2017 elections taking place under the new electoral rule, the size would have been 686 instead of 709. However, the opposition filed a lawsuit against the new electoral law with the German Federal Constitutional Court. Aside from legal considerations, the adherence to plurality rule has to be criticised from a social-choice perspective. -
Radical Islam and Democracy
RADICAL ISLAM & DEMOCRACY INDIAN AND SOUTHEAST ASIAN EXPERIENCES CONFERENCE REPORT Edited by Maj Gen Dipankar Banerjee D. Suba chandran Sonali HURIA Organized by IPCS & KAS RADICAL ISLAM & DEMOCRACY Konrad-Adenauer-Stiftung (KAS) German House, 1st Floor, 2, Nyaya Marg, Chanakyapuri New Delhi - 11 00 21 INDIA Tel: 91-11- 26113520 , 24104008; Fax: 91-11- 26113536 The Konrad-Adenauer-Stiftung is one of the Institute of Peace and Conflict political foundations of the Federal Republic Studies (IPCS) of Germany. With its activities and projects, B 7/3 Safdarjung Enclave, New Delhi 110029 IN- the Foundation realizes an active and substan- DIA tial contribution to international cooperation and understanding. Phone: (91-11) 41652556-59; Fax: (91-11) 41652560 The Konrad-Adenauer-Stiftung has organized its program priorities in India into five working The Institute was established in August 1996 as areas: Social Changes, Civil Society, Political an independent think tank devoted to studying Parties, Rule of Law; Economic Reforms, security issues relating to South Asia. Over the Small Medium Enterprises; Bilateral Relations, years leading strategic thinkers, academicians, International Relations, Security Policy; Pov- former members of the Civil Services, Foreign erty Alleviation, Integrated Rural Develop- Services, Armed Forces, Police Forces, Para- ment, Panchayati Raj Institutions; and Media, military Forces and media persons (print and Public Relations. In implementing its project electronic) have been associated with the Insti- and programs, the Foundation cooperates with tute in its endeavour to chalk out a comprehen- Indian partner organisations, such as think sive framework for security studies - one which tanks, government and non-governmental in- can cater to the changing demands of national, stitutions. -
The Democratic Fatwa: Islam and Democracy in the Realm of Constitutional Politics
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Oklahoma College of Law Oklahoma Law Review Volume 58 Number 1 2005 The Democratic Fatwa: Islam and Democracy in the Realm of Constitutional Politics Noah Feldman Harvard Law School, [email protected] Follow this and additional works at: https://digitalcommons.law.ou.edu/olr Part of the International Relations Commons, Islamic Studies Commons, Near and Middle Eastern Studies Commons, and the Political Theory Commons Recommended Citation Noah Feldman, The Democratic Fatwa: Islam and Democracy in the Realm of Constitutional Politics, 58 OKLA. L. REV. 1 (2005), https://digitalcommons.law.ou.edu/olr/vol58/iss1/1 This Article is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in Oklahoma Law Review by an authorized editor of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. OKLAHOMA LAW REVIEW VOLUME 58 SPRING 2005 NUMBER 1 THE DEMOCRATIC FATWA: ISLAM AND DEMOCRACY IN THE REALM OF CONSTITUTIONAL POLITICS NOAH FELDMAN* The relation between Islam and democracy has become one of the great political questions of our age. But it is also a legal question, legal in the sense that Muslim scholars have addressed it from the perspective of Islamic law, and legal, too, in the sense that practical debates about it often take place in the context of constitutional drafting and negotiation. The purpose of this short essay is to consider one enormously influential, practically significant legal document touching on this great question: the constitutional fatwa of Ayatollah ‘Ali Sistani, who is today a household name but was, before the late summer of 2003, almost unknown outside the circle of Shi‘i clerics and those who study them.1 Begin with a remarkable, little-noticed fact. -
Who Wins When the Majority Rules?
University of New Hampshire University of New Hampshire Scholars' Repository The University Dialogue Discovery Program 2007 Who wins when the majority rules? Marla Brettschneider University of New Hampshire, [email protected] Follow this and additional works at: https://scholars.unh.edu/discovery_ud Part of the American Politics Commons Recommended Citation Brettschneider, Marla, "Who wins when the majority rules?" (2007). The University Dialogue. 20. https://scholars.unh.edu/discovery_ud/20 This Article is brought to you for free and open access by the Discovery Program at University of New Hampshire Scholars' Repository. It has been accepted for inclusion in The University Dialogue by an authorized administrator of University of New Hampshire Scholars' Repository. For more information, please contact [email protected]. Who Wins When the Majority Rules? Marla Brettschneider Departments of Political Science & Women’s Studies Coordinator, Queer Studies Introduction States notwithstanding, democratic theorists have long It is often difficult to engage in critical discussions of questioned majority rule, myriad institutions, and gov- fundamental democratic principles. Basic questions of erning bodies, and organizations in democracies have democratic praxis are assumed to be easily answered or employed methods that run counter to the majoritar- are thought to have been answered declaratively by the ian principle, specifically in the interest of promoting “founding fathers.” Thus, the question ofhow we ought democratic egalitarianism. to go about enacting systems of governance by, for, and of the people seems to have a simple answer: majoritari- Madison’s Majoritarianism anism. Decision making, according to the will of the Many consider majoritarianism to be a founding U.S. -
Five to Four: Why Do Bare Majorities Rule on Courts? Abstract
20.WALDRON_TO-AU 3/28/2014 12:31 PM Jeremy Waldron Five to Four: Why Do Bare Majorities Rule on Courts? abstract. Courts, such as the U.S. Supreme Court, make important decisions about rights by voting, and often the decision is determined by a bare majority. But the principle of majority decision (MD) for courts has not been much reflected on. There is very little scholarly literature on this and only a handful of articles proposing alternatives to MD in the judicial context. So what justifies judges’ reliance on MD? In democratic contexts, MD is usually defended on one of three grounds: (i) as a decision-procedure that is efficient; (ii) as a way of reaching the objectively best decision; or (iii) as a way of respecting the principle of political equality. However, it is difficult to see how any of these arguments really explains or justifies MD in the case of judicial decision-making. Regarding (i), other efficient procedures are available: we want to know why this sort of efficiency should be valued. On (ii), epistemic arguments for MD do not work well for the sort of bare majorities that we see in Supreme Court decision-making. And, on (iii), it is hard to rig up an argument based on political equality or political fairness that works for unelected judges as opposed to ordinary citizens or their elected representatives. After reflecting on these possibilities, the Essay concludes that, at the very least, defenders of judicial authority should be more tentative in their denunciations of democratic majoritarianism. author. University Professor, NYU Law School and Chichele Professor of Social and Political Theory, Oxford University.