The Architecture of Democracy Oxford Studies in Democratization Series Editor: Laurence Whitehead Oxford Studies in Democratization is a series for scholars and students of comparative politics and related disciplines. Volumes will concentrate on the comparative study of the democratization processes that accompanies the decline and termination of the cold war. The geographical focus of the series will primarily be Latin America, the Caribbean, Southern and Eastern Europe, and relevant experiences in Africa and Asia. OTHER BOOKS IN THE SERIESElectoral Systems and Democratization in Southern Africa Andrew Reynolds The Legacy of Human Rights Violations in the Southern Cone: Argeninta, Chile, and Uruguay Luis Roniger and Mario Sznajder Citizenship Rights and Social Movements: A Comparative and Statistical Analysis Joe Foweraker and Todd Landman The International Dimensions of Democratization: Europe and the Americas Laurence Whitehead The Politics of Memory: Transitional Justice in Democratizing Societies Alexandra Barahona de Brito, Carmen González Enríquez, and Paloma Aguilar Democratic Consolidation in Eastern Europe, Volume 1: Institutional Engineering Jan Zielonka Democratic Consolidation in Eastern Europe, Volume 2: International and Transnational Factors Jan Zielonka and Alex Pravda Institutions and Democratic Citizenship Alex Hadenius The Architecture of Democracy Constitutional Design, Conict Management, and Democracy Edited by Andrew Reynolds Great Clarendon Street, Oxford OX2 6DP Oxford University Press is a department of the University of Oxford It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide in Oxford New York Auckland Bangkok Buenos Aires Cape Town Chennai Dar es Salaam Delhi Hong Kong Istanbul Karachi Kolkata Kuala Lumpur Madrid Melbourne Mexico City Mumbai Nairobi São Paulo Shanghai Taipei Tokyo Toronto Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries Published in the United States by Oxford University Press Inc., New York © the several contributors 2002 The moral rights of the authors have been asserted Database right Oxford University Press (maker) First Published 2002 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, or under terms agreed with the appropriate reprographcs rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this book in any other binding or cover and you must impose this same condition on any acquirer British Library Cataloguing in Publication Data Data available Library of Congress Cataloging in Publication Data The architecture of democracy: constitutional design, conflict management, and democracy/edited by Andrew Reynolds. p. cm.—(Oxford studies in democratization) Includes bibliographical references and index. 1. Democracy. 2. Democratization. 3. Comparative government. I. Reynolds, Andrew, 1967–II. Series. JC421 .A73 2002 321.8—dc21 2001052058 ISBN 0–19–924645–9 ISBN 0–19–924646–7 (Pbk.) eight feet vi Front row (left to right): Ashutosh Varshney (Notre Dame), Brendan O'Leary (London School of Economics), Fran Hagopian (Notre Dame), René Antonio Mayorga (CEBEM), Bolivia), Bernard Grofman (UC Irvine), Andrew Reynolds (Notre Dame), Carina Perelli (United Nations Electoral Assistance Department), John Carey (Washington University, St Louis), Steven Levitsky (Harvard). Second row: Olga Shvetsova (Washington University, St Louis), Timothy Frye (Ohio State), Nigel Roberts (Victoria University of Wellington), Rotimi Suburu (Woodrow Wilson Center), Brij Lal (Australian National University), Cheryl Saunders (University of Melbourne), Giovanni Sartori (Columbia), David Stuligross (Michigan). Third row: Tony Messina (Notre Dame), Vincent Maphai (President's Review Commission, South Africa), Alfred Stepan (Columbia), Bereket Selassie (UNC Chapel Hill), Robert Johansen (Notre Dame), Rein Taagepera (UC Irvine), José Antonio Cheibub (Yale). Fourthrow : Scott Mainwaring (Notre Dame), Arend Lijphart (UC San Diego), Pippa Norris (Harvard), Jørgen Elklit (Aarhus, Denmark), Richard Soudriette (International Foundation for Election Systems), Donald Horowitz (Duke), Ruth Lapidoth (Hebrew University, Jerusalem), Juan Linz (Yale), John Packer (OSCE High Commission on Minorities). Back row: Fred Riggs (Hawaii), William Liddle (Ohio State), Steven Solnick (Columbia), Michael Coppedge (Notre Dame), Dieter Nohlen (University of Heidelberg, Germany). Photograph by Tom Weis Preface This book was born out of an enjoyable gathering of over 100 academics and practitioners in the electoral and constitutional field at the University of Notre Dame in December 1999. That conference was in turn the spin-off of a personal wish I had had a few years earlier. Since 1991 I had spent most of my professional life immersed in the study of elections and constitutions in emerging democracies. After the dramatic growth of that field, which came along with the third wave of democratization, I wanted to set up a group photograph of the most influential and articulate protagonists in the discipline: my own mentors, and the scholars who had actually penned the books which I had spent so much time poring over. I also wanted to gather together the new wave of scholars in the field who were doing both cutting-edge quantitative work and sophisticated social science studies of the relationships between institutional design and democratic endurance. The photograph, which appears on page vi and is the real reason for this book, doesn't include everyone I had hoped for. Robert Dahl and Matthew Shugart were unavoidably occupied, Larry Diamond was—unusually—travelling, and Notre Dame's own Guillermo O'Donnell was being honoured at the inauguration of the new Argentinian president: a more than reasonable excuse. But what is remarkable about the photograph—and the conference itself—is how many of the icons of the field were on the stage. Arend Lijphart and Donald Horowitz were mischievously set up as the two opposing team captains and played their roles with grace and aplomb. Alongside them Giovanni Sartori, Juan Linz, Al Stepan, Dieter Nohlen, Bernie Grofman, Rein Taagepera, and Scott Mainwaring brought a huge weight of innovative inquiry and practical experience to the proceedings. Brendan O'Leary, Pippa Norris, Brij Lal, Cheryl Saunders, Nigel Roberts, René Antonio Mayorga, Vincent Maphai, Bereket Selassie, Jørgen Elklit, Bill Liddle, and Ruth Lapidoth came from far and wide, representing the collected wisdom of five continents. Then there were the Young Turks: the East European troika of Shvetsova, Solnick, and Frye; the Latin American foursome of Carey, Coppedge, Chiebub, and Levitsky; and the ‘rest of the world’ team of Varshney, Suberu, and Stuligross. Finally, we were joined by representatives of the practitioners who viii PREFACE work with elections and the design of institutions on a day-to-day basis in the reality of emerging democracies: Carina Perelli, head of the United Nations' Electoral Assistance Division; Richard Soudriette, director of the International Foundation for Election Systems; John Packer, legal adviser to the OSCE's High Commissioner on Minorities; and Peter Manikas, senior executive at the National Democratic Institute. The weekend was a great success, and I believe the chapters presented in this book capture not only the spirit of enthusiasm for new avenues of investigation prevalent at the conference but the feeling that constitutional design can, if appropriately considered, be a lever of great good for very troubled societies. It may also be worth noting an interesting anthropological phenomenon from the conference. Participants were compelled to endure a ‘Reynolds Quiz Night’ which covered subjects both trivial and obscure. It was fascinating to see how academics turn into very different animals when a competitive test of their breadth is on the table and how alliances forged in battle cross traditional boundaries. Lijphart, Sartori, and Stepan were as one gathering together a huge team around them—Norris, O'Leary, Solnick among them—attempting, without shame, to crush all comers. This they did, but not without the serendipity of Lijphart's mother being born in Paramaribo—thus giving them the capital of Suriname. Grofman and Elklit took a bolder path leading a team of only three. Their honour only managed to achieve the position of dead last in the final rankings which didn't stop them spending a fair part of the rest of the conference trying to prove with mathematical voting models that technically they had actually won the quiz. However, I digress. The Constitutional Design 2000 conference and this resulting book would not have become a reality without the support of Julius Ihonvbere of the Ford Foundation and grant makers at the United States Institute of Peace; along with Notre Dame supporters, Seamus Deane of the Keough Institute for Irish Studies, BobWegs of the Nanovic Institute for European Studies, the Henkles fund for visiting scholars, and the Institute for Scholarship in the Liberal Arts. But perhaps the greatest debt goes to Scott Mainwaring, director of the Kellogg Institute at the University of Notre Dame, who believed in this protect from the beginning