The Never Ending Democratization of the Philippines
85
associational life; there must be a state bureaucracy that is usable by the new
democratic government, and there must be an institutionalized economic
society” (Linz and Stefan Ibid.: 7).
The absence or weakness of accountability among delegative democracies is
primarily due to the stronger power of the President relative to the powers of
the legislature and the judiciary (Jurgen Puhle 2005: 12). The powerful
President could erode the capability of the legislature and the judiciary to
control the president and punish him or her in case of abuse of power.
Answerability is the common understanding of accountability (Arugay 2005:
64-65, see also Philippine Human Development Report 2008/2009.) However, the
executive also needs to be transparent, another aspect of accountability, to
enable the legislature and the judiciary to make the executive answerable and
controllable. As Philippe C. Schmitter says, “Horizontal accountability is a
matter of interaction, not between rulers and ruled, but between the arms and
branches of the regime and state acting according to preset constitutional or
legal rules” (Schmitter 2004: 53). Outside the executive-legislative-judicial
nexus, horizontal accountability is also served through the constitutional
bodies, e.g., Commission on Audit, the Ombudsman, Commission on Human
Rights and Civil Service Commission (Schmitter Ibid.: 53). The inability of these
bodies to control or make the executive answerable for abusing his powers is
what the weakness of “horizontal accountability” means. In case of an
“executive coup”, the President assumes unlimited power for life, which makes
him unaccountable to the electorate regarding his term ofce and program of
government. This is what the absence or weakness of “vertical accountability”
means. Effective horizontal accountability is not the product of isolated
agencies but of a network of agencies (up to and including high courts)
committed to upholding the rule of law (O'Donnell 1998: 119). It may even
involve civil society if we accept the possibility of Schmitter's “oblique
accountability”. As earlier noted, accountability is often associated with
answerability for violations of law. In this study, the transparency and
controllability aspects of accountability are emphasized rather than its
answerability aspect. These are what could be considered the preventive rather
than the punitive elements of accountability.
In a presidential system where horizontal accountability is weak, the
executive is uncontrollable and unanswerable. When the vast powers of his
ofce are employed for self-interest, the so-called checks on the executive are
not able to stop it. This employment of power is called “delegative authority”.
Guillermo O'Donnell denes it as:
For those who hold political authority that I call “delegative”, the
republican notion of restraint is counterintuitive. Why recognize power
other than one's own when one is striving for the public good? Why not
help your self, your relatives, and your associates while in ofce, if at the
same time (at least notionally) you are aiming at some aspect of the
public good? (O'Donnell Ibid.: 118).
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