Conceptualizing and Measuring Modern Democracy
9
times and strengthening across the centuries is the idea that everyone is bound
by law. Aristotle speaks of rightly constituted law as properly "the nal
sovereign." No citizen, no authority, however exalted his ofcial status in
governance may be, is above the law. Democracy's active rulers – those
comprising the polity's ruling administration – are all viewed as subject to the
law located in the polity's Constitution, the legal enactments of legislative and
quasi-legislative bodies and the dispositive pronouncements of judicial
agencies. Formally crafted law as well as established traditions that pass for
law are what the rule of law contemplates as controlling the actions of
democratic subjects. The singular import of a doctrine that exalts the rule of law
is best understood as a rejection of tyrannical, authoritarian decision-making
and the personal and whimsical style of governance that historically plagued
non-democratic societies. So emphatic is the concern for rule of law that it
becomes the ultimate sine qua non for democratic theorists like Bobbio
(1987:156).
The rule of law component clearly links to overall government effectiveness.
For better or worse, the rule of law markedly depends on the ability of ruling
authorities to effectively govern their polity (Wenzel, 2002).
Public Accountability. Democracy's listing of constituent elements cannot be
complete without the idea of public accountability. As a matter of fact, this is
treated by some scholars as a sine qua non in any attempt to delineate the main
features of democracy (Mayo, 1960:56-60). The sovereign people or citizenry
may be the ultimate source of power and political legitimacy but if they have no
reliable mechanisms for exacting accountability from the authorities that they
install in power, the claims for democratic rule would ring hollow. Political
authorities and agencies that systematically violate their mission of rule for the
people – a betrayal that is often facilitated by instruments of mass deception and
undertaken in the worst cases with impunity – do not permit even established
democracies to last for long. In polities struggling to initiate or sustain
democratization, the continuing lack of effective political accountability is
indicative of failed democratization. For a polity to deserve democratic status
even at a minimal level, this defect must not be present.
Accountability mechanisms initially are associated with credible elections,
when people choose to replace with new authorities those that have shown
themselves less than competent in discharging the functions of ruling. Besides
elections, constitutionally-mandated processes of recall, impeachment,
referenda and the more regular criminal prosecution of erring authorities are
part of a polity's accountability measures. In theory as well as in practice, the
ultimate exercise of political accountability takes place when an entire nation
engages in a forcible displacement of the ruling authorities.
A Conceptual Conundrum of Sorts
Given the lead ideas that has informed democratic theorizing across the
years, one might be led to expect that a consensual if not altogether precise and