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Constitutional hardball consists of practices that are consistent with the formal requirements of constitutional democracy but that destabilize and potentially transform it. This Chapter examines why political actors engage in hardball, focusing first on their short-term political motivations and then turning to the function of constitutional hardball within reasonably well-functioning constitutional democracies. The Chapter ends with a discussion of what might be done to convert constitutional hardball into ordinary political maneuvering, conclude that such efforts are unlikely to succeed and might be inappropriate (though not illiberal) efforts to halt more or less ordinary transformations in political practices.
Why do citizens fail to punish political candidates who violate democratic standards at the ballot box? Building on recent debates about heterogeneous democratic attitudes among citizens, we probe how divergent understandings of democracy shape citizens’ ability to recognize democratic transgressions as such and, in turn, affect vote choice. We leverage a novel approach to estimate the behavioural consequences of such individual-level understandings of democracy via a candidate choice conjoint experiment in Poland, a democracy where elections remained competitive despite an extended episode of backsliding. Consistent with our argument, we find that respondents who adhere less strongly to liberal democratic norms tolerate democratic violations more readily. Conversely, voters with a stronger liberal understanding of democracy are more likely to punish non-liberal candidates, including co-partisan ones. Our study identifies political culture, particularly the lack of attitudinal consolidation around liberal democracy, as a missing variable in explaining continued voter support for authoritarian-leaning leaders.
Although Prime Minister Abe Shinzo repeatedly touted Japan's values-oriented foreign policy in Asia there was little substance to this agenda. Like other nations, Tokyo downplays human rights and democratic values in favor of maintaining trade ties and securing geo-strategic advantage. It is thus a values-free diplomacy of pragmatism and expediency, dealing with regional governments as they are, not as one might wish them to be. Japan is certainly not unique in this regard, but Abe invites scrutiny of the government's record due to his rhetorical grandstanding. Colonial and wartime legacies have made it problematic for Japan to lecture and pressure regional governments on their political systems and practices. Moreover, the escalating rivalry with China for regional influence reinforces Tokyo's hesitation to promote democratic reforms for fear that it will lose clout by driving governments into Beijing's unconditional embrace.
Democratic backsliding, the slow erosion of institutions, processes, and norms, has become more pronounced in many nations. Most scholars point to the role of parties, leaders, and institutional changes, along with the pursuit of voters through what Daniel Ziblatt has characterized as alliances with more extremist party surrogate organizations. Although insightful, the institutionalist literature offers little reflection about the growing role of social technologies in organizing and mobilizing extremist networks in ways that present many challenges to traditional party gatekeeping, institutional integrity, and other democratic principles. We present a more integrated framework that explains how digitally networked publics interact with more traditional party surrogates and electoral processes to bring once-scattered extremist factions into conservative parties. When increasingly reactionary parties gain power, they may push both institutions and communication processes in illiberal directions. We develop a model of communication as networked organization to explain how Donald Trump and the Make America Great Again (MAGA) movement rapidly transformed the Republican Party in the United States, and we point to parallel developments in other nations.
In authoritarian regimes, governments regularly use overt and heavy-handed visual propaganda to effectively signal regime strength and deter protests. Can democratic leaders also use this so-called hard propaganda to project strength, or does this kind of authoritarian-style messaging potentially backfire because of societal norms for leaders’ behavior? Focusing on a rare instance in which outright visual hard propaganda was used in a democratic setting, we study how US citizens perceived its use by the Trump administration during the 2020 Black Lives Matter protests. In a preregistered online survey fielded from June 12 until June 16, 2020, we exposed participants from both sides of the political spectrum to randomized pairs of real-world propaganda images. This allowed us to explore how partisanship influenced perceptions of hard propaganda during the height of the protests. Our findings reveal that, compared to standard political messaging, hard propaganda can communicate greater strength to both government supporters and opponents in a democracy. Yet, in contrast to autocratic settings, it fostered opposition among Trump opponents. Trump supporters, however, did not find such propaganda any more or less appropriate than standard political communication, consistent with an increased acceptance of authoritarian practices within polarized democracies.
This is a case study of Guatemala’s judicial system, initially designed to be a pluralist model in 1984. However, it is now captured by political entrepreneurs who are undermining liberal democracy. The research warns about similar risks in other young democracies and explains the pitfalls of judicial councils and capturable courts. Although judiciaries are now seen as safeguards against authoritarianism, this study demonstrates how they can be subverted. Unlike authoritarian populists who weaken judicial institutions through popular support, this case shows how entrepreneurs rely on intimidation and capture. Using data of the growth of lawyers, I propose the entrepreneurs outnumbered the elites committed to democracy and captured the nomination process in favor of uncommitted elites leading to democratic backsliding.
How does the mass public form attitudes on electoral rules and reforms? Existing research on this question reveals a trade-off between principles, such as fairness, and partisan self-interest. I use two survey experiments on state legislative redistricting to explore how voters weigh principles against partisan self-interest when forming opinions on electoral reforms. First, I ask whether the public’s partisan self-interest motivation stems more from individual representation considerations or broader partisan power considerations. I find that both considerations provide a powerful enough incentive to activate partisan self-interest regarding preferences for state legislative district maps. Unexpectedly, the two considerations have quite similar effects on public support for redistricting reforms. Second, I explore the principles versus partisan self-interest trade-off through the lens of loss aversion, a concept developed in behavioral economics. In line with expectations, I find that preventing loss provides a more powerful incentive for Americans to violate democratic principles than achieving partisan gain. In sum, this research sheds light on voters’ decision between principles and partisan self-interest in the formation of opinion on electoral reform.
The concluding chapter discusses the implications of Hong Kong’s contentious politics within the global context of democratic backsliding and spontaneous mass mobilizations. We highlight the contributions of our theoretical framework and the implications of Hong Kong’s contentious pathways for hybrid regimes and beyond.
Chapter 5 elucidates how the Anti-Extradition Movement erupted despite the lack of political opportunities in the post-Umbrella period. We demonstrate how abeyance networks from previous mobilizations and an online petition campaign transformed the idea of extradition into a widely perceived existential threat, galvanizing popular support for the movement and leading to the confluence of the masses.
The past few decades saw the transformation of Hong Kong from a liberal enclave to a revolutionary crucible at China's offshore. The Making of Leaderful Mobilization takes you through the evolution of protests in this restive city, where ordinary citizens gradually emerged as the protagonists of contention in place of social movement organizations. The book presents a theory of mediated threat that illuminates how threat perceptions fueled shifting forms of mobilization – from brokered mobilization where organizations played guiding roles to leaderful mobilization driven by peer collaboration among the masses. Bringing together event analysis, opinion polls, interviews, and social media data, this book provides a thorough and methodical anatomy of Hong Kong's contentious politics. It unveils the processes and mechanisms of collective action that likely prevailed in many contemporary social movements worldwide. Our temporal approach also uncovers the multiple pathways reshaping hybrid regimes, underscoring their resilience and fragility.
In this essay, we bridge the gap between two understandings of the power of the European Union (EU): as a normative actor, guided by ethical principles and empowered by the internal market, and as a geopolitical actor, building its own military capabilities and ready to defend its interests through deterrence and defense. In view of Russia's invasion of Ukraine, we challenge the established “values vs. interests” dichotomy and argue that defending liberal democratic values is an essential foundation of the EU's existing and potential geopolitical power. We show how, over the last decade, opting for short-term expediency and capitulating to a kind of realpolitik “regime indifference” in dealings with authoritarian regimes at home and abroad have severely weakened the EU and also diminished Ukraine's capacities to defend itself as it fights for these shared values on the battlefield. We argue that it is in the EU's strategic interest to strengthen its commitment to values-based foreign and defense policies, revive a meritocratic and credible enlargement process, and work with the United States to provide more effective military assistance to Ukraine in its fight for liberal democratic values and a rules-based European security order.
Virtually all philosophical discussions of the rule of law’s meaning assume that the proper horizon of the concept is the national legal system, or what I call “the rule of law writ small.” But governments are bound by a web of transnational legal obligations that should also be considered part of the rule of law’s scope. Analyzing whether the rule of law is honored against the backdrop of both national and transnational law gives us “the rule of law writ large.” This concept has particular force in the context of backsliding (and democracy-restoring) governments when autocrats first pull their governments away from transnational norms before newly elected democrats seek to restore compliance with those norms. While both sorts of governments may change domestic law, and pack political institutions with those who share their values and fire those who get in their way, only the democracy restorers can be said to be honoring the rule of law writ large.
Blander’s epilogue contextualizes Ezrahi’s current work within his previous research corpus as well as interweaving new concepts: depth skepticism, modest democracy, and the right to dream. Blander describes three spheres of democratic backsliding and the rise of populism: legal-institutional, social, and intellectual freedom. She suggests that Ezrahi introduces a deep explanation of these troubling trends. Blander introduces the concept of “Depth Skepticism,” which applies to philosophers, among them Ezrahi, who searched for deeper layers of the human experience in order to identify the causes of sociopolitical phenomena. The epilogue follows Ezrahi’s intellectual journey, identifying a connecting thread from his early work “The Descent of Icarus,” revealing the interaction between science, enlightenment, and democracy through “Imagined Democracies,” portraying the role of science in creating the epistemological foundations of modern democracy, to the current volume introducing the cosmological shift from Nature/Culture to a blurred “HumaNature” cosmology and how it affects democratic foundations. This shift calls for a “modest democracy” that accommodates reason, emotions, and ambivalence. It views democracy as a constructive utopia, allowing individuals and groups the “right to dream” within nonviolent pursuits. This democracy fosters compromise, balances power, and tolerates contradictions, embodying a constant state of becoming.
International courts are increasingly serving as bulwarks of democracy. These courts, however, often depend on the cooperation of the very governments they seek to hold accountable, exposing them to potential retaliation for attempting to constrain their behavior. As governments’ response to adverse decision-making is often conditional on public support, we explore whether citizens actually support international courts’ judicial power over questions of democracy. We argue that citizens’ support for this form of judicial power depends on their democratic values and their desire for institutional checks and balances against the executive. Furthermore, we contest that this support is conditional on partisanship, with this relationship holding for opposition partisans while government partisans are generally opposed to international courts’ judicial power. We support our expectations using original survey data collected from Hungary before their 2022 national legislative elections, and examining citizens’ support for judicial power for the Court of Justice of the European Union.
How can autonomous apex courts with specific attitudes and role conceptions counter executive aggrandizement? This article theorizes two causal mechanisms through which justices can resist democratic erosion. The first mechanism involves apex courts employing judicial review to neutralize autocratic legalism by blocking strategies such as institutional conversion, replacement, and layering that executives use to expand their power. The second involves apex courts building coalitions within and beyond the judiciary, enabling diverse actors – including judges, political parties, the media, and NGOs – to leverage their unique resources against executive encroachment. I conceptualize these two mechanisms by combining theory-building process tracing with counterfactual analysis of an unlikely case of democratic resilience: Argentina from 2007 to 2015. Drawing on evidence from 125 elite interviews, over a thousand newspaper articles, hundreds of state documents, memoirs, and other primary sources, this article demonstrates how the Supreme Court nullified President Cristina Kirchner’s attempts to undermine freedom of expression and judicial independence, thereby contributing to democratic resilience.
This chapter launches the contemporary section of the book. The overarching argument is that despite the binaries leveraged by leaders and analysts alike, political contestation in the twenty-first century, as in the nineteenth and twentieth, is not reducible to an “Islamist vs. secularist” cleavage. Instead, contestation and key outcomes are driven by shifting coalitions for and against pluralism, notably, an Islamo-liberal/secular liberal coalition that marked the sixth major, pluralizing alignment since the Tanzimat reforms. It would transform state and society, even though the coalition itself proved short-lived as democratization stalled against a backdrop of debates over Islamophobia, the headscarf, minority rights, freedom of expression, media freedoms, and sweeping show trials.
In the early 2010s, Turkey’s citizens continued to contest the role of religious, ethnic, and other forms of identity in public life. This chapter traces these contests over a series of transformative episodes from a constitutional referendum in 2010 to the nationwide Gezi Park protests three years later. Two key emergent properties are identified: (i) the AKP’s illiberal turn despite ongoing “openings” toward ethnic and religious minorities and (ii) the growing popularity of a neo-Ottomanism that came in more and less pluralistic variants. These included a multicultural approach to the Ottoman inheritance, but also a Sunni majoritarian strand. Both shaped domestic and foreign policy at a time of regional upheaval with the “Arab Spring” uprisings.
This Element investigates the process of executive aggrandizement to identify factors associated with democratic resilience. We focus on five democracies that showed resilience in the face of incumbent-led autocratization. To understand how these cases survived, we pair them with similar cases where incumbents successfully dismantled democracy from within. Through structured focused comparisons, our inductive exercise provides insights into how the process of executive aggrandizement unfolds. The case narratives reveal similar patterns, with incumbents often targeting the media, civil society, and judiciary and using shared tactics to weaken democratic institutions. Where democracies survived, anti-democratic incumbents made critical errors, including major policy blunders and miscalculations, which ultimately cost them their positions and allowed democracy to rebound. Where democracy broke down, incumbents were largely able to avoid or mitigate such errors, often through ethnopopulist appeals.
Despite a long history of research on democratic backsliding, the process itself − in which the executive branch amasses power and undermines democratic processes and institutions − remains poorly understood. We seek to shed light on the underlying mechanisms by studying democratic near misses: cases in which a period of autocratic governance is quickly reversed or full backsliding is prevented at the last minute. Building on the literature on near misses in sociotechnical systems such as nuclear power plants, we adapt the drift-to-danger model to the study of democratic systems. Two key findings emerge: First, democratic backsliding is often triggered by political elites pushing the boundaries of their power by violating norms, which are crucial yet vulnerable safeguards for democracy. Second, democratic backsliding is unpredictable and non-linear, being driven by the interaction between political elites and the public. Norm-violating elites may feel legitimized by a supportive public that sees norm violations as justified. At the same time, political elites may signal that norm-violating behaviour is acceptable, potentially leading the public to adopt anti-democratic beliefs and behaviours. We identify risk factors that make norm violations more likely and outline behavioural sciences-based interventions to address these violations.
The chapter discusses constitutional rules on political and electoral systems and political parties. While constitutions in Anglophone African countries are maximalist, Francophone Africa countries tend to be constitutionally minimalist on electoral and political party regulation, leaving key aspects of electoral systems for presidents, legislature and election management bodies to statutory regulation, which has led to instances of controversial and regressive reforms. Despite the differences, however, the relevant constitutional rules have remained relatively stable, and democratic backsliding often happens through irregular processes and legal reform, rarely through constitutional change, except presidential term limits. Fundamentally, the chapter argues that the winner-takes-all nature of politics constitutes the principal scourge of democratization in Africa, incentivizing attempts to manipulate and violate electoral and party rules. Accordingly, to enable progress in constitutional democracy, ensure stability of the rules of the game, and preclude abusive changes, constitution makers should recognize the manifestations of and tackle winner-takes-all politics, including through the recognition and empowerment of opposition groups.