6 - Power Sharing and Democratization from Above

Summary

A functioning rule of law system helps facilitate democracy from above by constraining government from discriminating against or otherwise limiting the ability of citizens and groups to participate in politics. This chapter provides evidence to support our argument that one of the mechanisms through which power sharing encourages the emergence of minimalist democracy is by helping establish the rule of law in states emerging from civil war. Specifically, we consider how power sharing allows for de facto judicial independence. We argue that the rudimentary separation of powers that takes place under power sharing produces a political environment under which judicial independence is likely to flourish. We also show that power sharing has a positive impact on a more expansive understanding of the rule of law, with power-sharing arrangements influencing governments to behave proactively by granting and protecting rights and freedoms evenly across social groups and ensuring that the actions of one individual or group do not threaten the rights and freedoms of other social groups.