That a popular candidate could be disqualified from running and removed from the ballot might, at first glance, seem at odds with the very idea of democracy. For that reason, despite his evident role in instigating an insurrection, many Republican ...
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OUPblog » Social Sciences


Is it democratic to disqualify a popular candidate from the ballot?

Is it democratic to disqualify a popular candidate from the ballot?

That a popular candidate could be disqualified from running and removed from the ballot might, at first glance, seem at odds with the very idea of democracy. For that reason, despite his evident role in instigating an insurrection, many Republican senators demurred and chose not to impeach former President Donald J. Trump on 13 January 2021. There was no need, they thought. The American voters had already passed judgment. Trump would now fade away.

Three years later, with Trump still fully in control of the Republican Party and poised to regain the Presidency, the US Supreme Court decided per curiam that Courts cannot declare a candidate ineligible for public office under the “insurrection clause” of the Fourteenth Amendment. Moreover, the Supreme Court’s scheduled hearing of Trump’s executive immunity claim seems intended to guarantee that the federal January 6 case will occur too late to influence or interfere with the 2024 US Presidential Election.

In these and other cases, we can see that, despite the existence of constitutional mechanisms to disqualify antidemocrats from obtaining power, elected representatives, judges, and other officials are reluctant to use them.

At first glance, there seems to be something principled about their reluctance: what is democracy if not an equal chance to see one’s preferred candidate elected into public office; and what are political rights if not the right to choose one’s values freely, even if that choice may seem “wrong” to others? As long as someone adheres to the legal democratic procedures in effect for pursuing their goals, are their views not as valid as anyone else’s?

Democracy seems to mean that every member should have their interests and values considered equally, through value-neutral majoritarian procedures. Everything should in principle be “on the agenda” when it comes to these procedures, to ensure that the electorate holds final authority over decision-making.

A measure like political disqualification seems to undermine the essence of democratic equal chance—even when used to stop an unambiguous enemy of democracy. So many today, across the political spectrum, express reservations about using such measures, arguing that the decision can only be left to voters to decide.

That view is mistaken, however. Elected and appointed leaders, not to mention democratic citizens, can be more confident in their defence of democracy. Constitutional mechanisms that limit value-neutral procedures, including disqualification, can be consistent with our most fundamental ideals of democracy.

The near collapse of democracy during the interwar period provides some insight into why that may be. It highlighted two related problems with conceiving of democracy merely as a value-neutral procedure. First, although value-neutral procedures are indeed important to democracy, they are insufficient. Liberal constitutionalism—human rights, the separation of powers, and the rule of law—is as essential. Without it, majority or even supermajority rule can become tyrannical and as oppressive as a dictatorship. So-called “illiberal democracy” is a contradiction in terms. A state must also guarantee basic rights, separate and balance its powers, and adhere to the rule of law to be considered a legitimate democracy.

Second, the interwar period exposed the limits of traditional methods of constitutional entrenchment, such as supermajoritarian thresholds. Those methods assume most citizens are fundamentally committed to democracy. That assumption proved wrong. Many citizens are at best weakly committed to democratic principles. Some are illiberal and antidemocratic. Others prioritize partisan interests over democratic principles. Antidemocrats can exploit a complacent or self-interested majority and turn democracy’s value-neutral procedures against its constitutional essentials, leading to democratic suicide.

Post-war constitutions, such as the German Basic Law, were designed with that historical lesson in mind. Among other things, they adopted what is known as “militant democracy” to defend themselves. A militant democracy is a democracy that adopts stronger forms of constitutional entrenchment, in particular explicit unamendability of basic rights, procedures to disqualify parties and candidates, and a more robust role for constitutional courts to check legislative and executive abuses of power, all to prevent democracy’s legal revolution. Militant measures limit political rights to protect democratic constitutional essentials against legal yet illegitimate changes.

Systematically demonstrating an intent to use one’s political rights to overturn democratic constitutional essentials may justify disqualification: a party becomes a candidate for disqualification if its internal structure is antidemocratic or if it endorses abrogating or derogating human rights; an individual becomes a candidate for disqualification if he knowingly assists an insurrection and in so doing violates his oath of public office.

Democrats can be confident in pursuing disqualification in these circumstances. Although some may believe disqualification pre-empts a legitimate democratic choice, the truth is that disqualification may secure the possibility for democratic choosing to happen in the first place.

Of course, it would be better to simply defeat antidemocrats at the ballot box. Yet history shows this does not always work. Democratic backsliding in countries like Hungary and India underscores the inadequacy of a passive defence of democracy. According to Freedom House, 2024 marked the eighteenth consecutive year that democracy declined worldwide. If democrats will not act to defend democracy, then who will?

One lesson from the COVID-19 pandemic is that states adopting multiple levels of defence fared best, notably New Zealand and South Korea. The reason is clear: every defensive measure has inherent weaknesses and blind spots. Relying on a single measure dramatically increases the risk of a threat breaking through, no matter how robust that measure is. Conversely, the layering and networking of different defence mechanisms generates a cumulative effect, significantly reducing the risk of a public health disaster.

Just as a single measure is inadequate in public health, democracy’s self-defence also requires a layered approach. Key strategies include promoting civic education in democratic values and tackling inequality through economic redistribution and strengthened social safety nets. However, it is militant democracy alone that addresses the problem of antidemocrats using legal revolutionary methods to subvert democracy. This recognition is reflected in the design of many post-war constitutions, which were written with the threat of legalistic antidemocrats in mind.

Militant measures work best when executed in a timely and decisive manner, as soon as a party or candidate reveals its true colours. It is far easier to disqualify a marginal antidemocratic party—as West Germany did in 1952 and 1956—than a popular one.

However, militant measures should be used in any case, whether a party is popular or not. It is far better to take action against antidemocrats, even if doing so is countermajoritarian, than it is to passively stand by, as if democratic suicide were democratically kosher.

In the end, what matters is the recognition that democracy extends beyond value-neutral majoritarian procedures. Human rights, the separation of powers, and the rule of law are the bedrock of any functioning democratic society. Today, the phenomena of democratic backsliding and “illiberal democracy” highlight the urgency of learning from democracy’s history. Militant democracy, including its disqualification mechanisms, is vital for countering the legal revolution of our democratic constitutional essentials and preventing democracy’s self-cannibalization. While their deployment must be judicious, measures of militant democracy are both legitimate and indispensable for guaranteeing democracy’s survival.

Featured image by Cyrus Crossan via Unsplash.

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The rising power paradigm and India’s 2024 general elections

The rising power paradigm and India’s 2024 general elections

India, the world’s largest democracy, is holding its national elections over a six-week period starting 19 April. The elections to the 543-member lower house of the parliament (Lok Sabha) with an electorate, numbering 968 million eligible voters, assumes critical importance as India is going through both internal and external changes that are heavily linked to its rising power aspirations and achievements. The ruling Bharatiya Janata Party (BJP), led by Prime Minister Narendra Modi, has been campaigning on the claim that under his leadership, India’s global status has improved substantially and that he is determined to make India a great power and developed country by 2047, the centenary year of independence. The growing Hindu middle class seems to agree. According to a February 2023 Pew survey, Modi had a 79% favorable approval rating. More interestingly, some 85% of Indians surveyed by Pew think a strong authoritarian leader or military rule is preferable to multi-party electoral democracy, the highest for any country surveyed.

Since its economic liberalization in 1991, in terms of comprehensive national power, including both hard and soft power markers, India has made substantial progress—in some areas more than in others—even though it still lags behind China in many indicators of material power and social welfare. The critical factor is the steady economic growth rate ranging from 6 to 8% over the past three decades. The $4 trillion economy, which recently overtook previous colonial ruler Britain to reach the fifth position in the world, is poised to become number three by 2030. The tactical and strategic advantages India has made under somewhat favorable geopolitical circumstances are many, but these could easily erode if its soft power foundations, especially democracy, secularism, and federalism, decline even further.

The $4 trillion economy, which recently overtook previous colonial ruler Britain to reach the fifth position in the world, is poised to become number three by 2030.

The implications of the elections to India’s rise as an inclusive democratic state is potentially far reaching. If the BJP wins a two-thirds majority, concerns are heightened that it would amend the Indian constitution, altering its core principles of liberal democracy and secularism and declare India a majoritarian Hindu state. India’s status advancement in recent years has benefitted the ruling establishment. Modi’s achievements are built on the foundations laid by the previous Congress Party-led governments of Prime Ministers P.V. Narasimha Rao and Manmohan Singh. India’s 2005 rapprochement with the US and its opening to the world, especially to East Asia, Southeast Asia, and the Middle East, occurred during that period. It was Rao and his Finance Minister Singh who opened the Indian economy to the world through their wide-ranging economic reforms in 1991. The economic growth was also very robust during much of Singh’s tenure. Many of the social programs were started during that period, but Modi has improved on their delivery by introducing direct transfer and also adding new welfare programs guaranteeing the poor subsided rations and cooking gas. Some 300 million Indians were lifted out of extreme poverty during Singh’s term in office alone, and a similar number may have come out during BJP rule. Yet India still hosts some 12% of its 1.4 billion population below the poverty line (considered as $2 a day) while 84% have an income less than $7 a day.  

If the BJP wins a two-thirds majority, concerns are heightened that it would amend the Indian constitution, altering its core principles of liberal democracy and secularism and declare India a majoritarian Hindu state.

The previous Congress regime’s inability to cash in on their achievements for electoral gains is in direct contrast to Modi’s success in presenting a different image to the public on India’s economic and military achievements and general international status advancement. Skillful propaganda, especially using social media, has enabled this. India’s swing power role in the Indo-Pacific, in terms of balancing China’s rise and aggressive behavior, has helped India’s geopolitical prominence and Modi has astutely used it for his own electoral successes. He has used contentious religious nationalism, including the building of a temple in Ayodhya over a destroyed Muslim mosque, repealing the Article 370 of the Constitution which gave Jammu and Kashmir special autonomous status, and adding programs to allow citizenship to displaced minorities (excluding Muslims) from neighboring Pakistan and Bangladesh, to solidify his support among ardent Hindu-nationalist groups. The 18 million-strong Indian diaspora contains many pro-Hindu groups that have helped Modi’s efforts by offering financial and moral support.

Although the rising power claim may have helped Modi’s possible third term re-election, there is another side to this story. Some of the BJP government’s internal policies may, in the long-run, undercut the status achievement by putting its legitimacy and sustainability in question. The number one challenge is the democratic backslide that has been happening under the BJP rule. Today India is ranked at 66 as a ‘partly free country’ by Freedom House, and the rating agency V-Dem recently demoted India as an ‘electoral autocracy.’ A number of measures curtailing freedom of expression and other essential democratic rights have occurred under Modi, denting India’s democratic credentials, one of its key soft power assets. Similarly, secularism, another soft power marker of India since independence, has been reduced as there is a direct effort to assert the Hindu majoritarianism as visualized by the BJP and its militant ideological arm, the Rastriya Swayam Sevak Sangh (RSS).

The democratic backsliding presages considerable difficulties to legitimizing India’s status as a liberal democratic rising power. The major challenges to freedom of expression, the party’s increasing ideological control of India’s judiciary, and the attacks on minority rights, as well as harassment an arrest of opposition leaders using governmental agencies such as the Enforcement Directorate, all portend the emergence of an illiberal state even when elections are held periodically. While Hindutva (Hindu-ness) aimed at the hegemony of Hinduism over all other religious groups has increasing sympathy among the Hindu electorate and sections of the diaspora, it is still to obtain any international traction as an attractive ideology or model for political order. It is yet to offer a coherent and convincing agenda for the emerging world order.

The father of the nation, Mahatma Gandhi, used Hindu and Buddhist religious ideas such as Ahimsa (non-violence), among others, to develop his model of non-violent struggle. Can Modi in his third term make a conscious effort to develop India as an inclusive, democratic state, and bring peaceful and tolerant aspects of Hinduism to the fore? Or will Indian democratic exceptionalism evolve into an entrenched populist majoritarian system with all its attendant challenges for democratic freedoms, even while India makes substantial material progress? The simultaneous democratic backsliding in many countries, including the US and Europe, does not help India’s prospects in this regard. India may still receive a higher geopolitical position (in the context of China’s rise) and the steady economic growth that would allow it to emerge as a key destination for trade and foreign investment, and a source of technically qualified workforce and migrants for the next two decades or more. India’s greater inclusion in global governance is needed for reasons of equity, efforts at solving many collective action problems, and greater effectiveness of international institutions. The peaceful accommodation of India will alter the historical patterns of rise and fall of great powers through war. Whether it will be a peaceful process internally is yet to be determined. The forthcoming elections will establish India’s trajectory in a colossal way both for its domestic politics and foreign relations.

Feature image by Graphic Gears on Unsplash, public domain

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Pay attention to your children

Pay attention to your children

You’ve probably been ignoring your children. This isn’t simply you not paying attention to them because you’re distracted or need to do something. You don’t know what your children like and dislike. You don’t know their names and ages. You probably haven’t even acknowledged the existence of some of your children. You may be thinking “How could I not know how many children I have?” or “I don’t even have children!” and find the assertion that you’re ignoring and don’t know your children as outlandish. But equally bizarre is the fact that your children don’t know you. How can this be?

Your children are in foster care. Before you argue, let me explain. I know that you may not have a biological or adopted child who’s in foster care. But you still have children in foster care. When the state determines that a child’s parents or caregivers are not able to care and provide for a child, the state can remove the child from their home and place them in foster care. At this point, the state assumes the responsibility of parenting the child. The state uses money from taxpayers to provide for the child while in foster care. As taxpayers, you and I have a responsibility to the children in foster care. Our money is supporting the foster care system. It is our foster care system. And the children in foster care are our children.

Most children in foster care will be reunified with family. Some will be adopted. Other will enter a guardianship. However, not all children receive permanency. Some remain in foster care until they are adults. Eventually, these young adults who do not obtain permanency—through no faults of their own—leave foster care. These young adults are often referred to as “youth aging out” or “care leavers.”

Research consistently finds that compared to their peers who have not been in foster care, those who are “aging out” of foster care have poorer outcomes across multiple domains, including education, employment, housing, health, mental health, substance use, justice system involvement, and early parenting. As they are leaving foster care and entering adulthood, many of these young adults experience hardship and encounter structural barriers. These young adults typically lack support and resources as they age out. How is this a concern to you?

The current social norm is that parents support their children during the transition into adulthood. Parents of young adults often provide their children a place to live, assist with paying bills, help in times of crisis, offer encouragement, and provide guidance. Most young adults are not told by their parents “you’re on your own” on their 18th birthday when the state recognizes them as adults. However, when someone in foster care enters adulthood, they can find themselves without support. They may lose access to resources and services. There are some areas where extended foster care is available, allowing a young person to remain in foster care. However, not all young adults decide to remain in foster care. Other programs may be available based on where a young person is aging out and their life circumstances; however, many young people aging out still struggle.

These are our children aging out of foster care. To be consistent with the social norms, we should help those who are aging navigate the transition to adulthood. There are many ways that taxpayers can help young people aging out. First and foremost, we need to know about the young people in and aging out of foster care and recognize the importance of helping them. How each of us helps these young people is going to vary based on our resources and abilities. The ways we make a difference and help young people aging out of foster care are practically endless. It all starts with us adopting the mindset that children in foster care are our children and that we must pay attention to our children.

Featured image by Aditya Romansa via Unsplash, public domain.

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Why decolonization and inclusion matter in linguistics

Why decolonization and inclusion matter in linguistics

As sociolinguists, we have centered social justice in our research, teaching, and administrative work for many years. But as with many other academics, this issue took on renewed collective urgency for us in the context of the events of 2020, from toxic politics and policies at the federal level, to state-sanctioned anti-Black violence and the ensuing racial reckoning, to the Covid-19 pandemic and the many inequities it exposed and heightened.

Troubled by the often-misinformed efforts to make institutional change that we saw around us, we wanted to take action that was both specific to our disciplinary context and wide-reaching in its effects. We started with an article in the flagship linguistics journal, Language, calling for the centering of racial justice within the discipline. That article was the lead piece in the journal’s Perspectives section and was accompanied by a range of responses from linguists worldwide, which we responded to in turn.

We wrote with the hope that institutional change could start from the individual and (especially) collective actions of linguists. We were also motivated by the hope that the discipline our students will enter will be radically different from the one that we have spent our careers within. This hope fueled our work for the next several years, as we collaborated with linguists within and beyond linguistics departments and throughout the academy to create concrete, specific, and action-centered models for how to do the work necessary to transform the discipline. The results of this intensive collaborative process are two companion volumes, Decolonizing Linguistics and Inclusion in Linguistics, and their websites, which provide additional information and resources. 

Some linguists, particularly those for whom linguistics is structured and whom it best serves, may be asking themselves, “What’s so bad about linguistics in its current form?” Many linguists we interacted with as we embarked on this project were defensive, baffled, or even outright hostile. Fortunately, many others were curious and eager to learn how the discipline could do better and what they could do to help. Most importantly, the people for whom we do this work—those who have been made to feel unwelcome in linguistics and who have been shut out, pushed out, or relegated to the disciplinary margins, as well as those who have succeeded despite rather than because of linguistics-as-usual—understood and welcomed our project. Many of these current, former, and would-be linguists have been engaged in like-minded efforts of their own.

Some critics see our work as “politicizing” linguistics. But these commenters miss the point that linguistics (and academia) has always been political. The discipline has its roots in empire and the colonizing practices of categorizing and classifying languages in order to control those who use them. As the discipline has taken shape over the centuries to the present day, linguistics has become a field limited by its own exclusionary practices and ideologies—a field that, in our view, is simply too small. In Decolonizing Linguistics and Inclusion in Linguistics, we envision and work to build a linguistics that is capacious and welcoming, particularly to those whose lived experiences give them fresh and much-needed insights into the kinds of questions linguistics should be asking, the kinds of methods it should be using, and the kinds of real-world impacts it should be making.

Inclusion in linguistics

Most linguists are familiar with the concept of inclusion through institutional discourse in academia and elsewhere, particularly the acronym DEI (diversity, equity, inclusion) or its many variants. Too often, however, inclusion is used to mean recruiting members of formerly excluded groups into often hostile institutions, without making significant changes to the workings of the institutions themselves. True inclusion is not a matter of making space within existing institutions for new people to do the same old thing. Instead, true inclusion requires the transformation not only of who is in institutional spaces but what they do, how, and why. Transformation demands that we ask ourselves who is and isn’t present in linguistics, whether they have full and equitable access, and whether the community of linguists will value their full humanity, rather than treating them merely as sources of linguistic data or as token representatives and spokespersons for the groups to which they belong.

Inclusion in Linguistics offers abundant examples of how linguists can and already are creating genuine inclusion within the discipline. The authors challenge limited notions of who gets to be included, calling attention to a wide range of groups who remain marginalized on the basis of race and ethnicity, gender identity, disability, geography, language, class and caste, and more. The authors issue a powerful call for a linguistics that does not simply make space for but purposefully centers those who have been excluded. We collectively urge linguists to think bigger, to abandon long-cherished ideological investments in what is and isn’t legitimate within linguistics, and to build a discipline that doesn’t hide in the ivory tower but engages with the world and makes it a better place.

Decolonizing linguistics

Compared to inclusion, decolonization may be a less familiar concept to many linguists. Some academics in the US may have first encountered the idea, along with related concepts like settler colonialism, through student activism on their campus in recent years and months. (In fact, the New York Times recently published an explainer on the term settler colonialism, assuming—no doubt correctly—that its predominantly white, liberal, and highly educated readership is not well versed in decolonial theory and activism.)

We chose the title Decolonizing Linguistics to invoke the long and ongoing history of linguists’ global academic exploitation of Black and Indigenous people and the discipline-based extraction of their languages for professional and economic gain. Contributors identify some of the forms of colonialism that linguistics has taken and continues to take. We emphasize the importance of Black-centered and Indigenous epistemologies and methodologies in undoing colonizing structures. We also highlight community-driven collaborative projects that provide a comprehensive picture of the powerful social and scholarly impacts of an unsettled, decolonized linguistics.

Both volumes offer specific roadmaps and pathways for how to advance social justice, through programs, partnerships, curricula, and other initiatives. Our work is a necessary first step toward institutional and disciplinary change: a linguistics built by, around, and for groups that have confronted colonization, oppression, and exclusion—that is, precisely the people whose languages so often fascinate linguists—is also a linguistics that prioritizes the new ideas and practices that these groups bring to the discipline and recognizes these new directions as precisely where linguistics needs to go.

We do not consider Inclusion in Linguistics and Decolonizing Linguistics as definitive statements but rather as an invitation for others to join us in ongoing conversations. We invite linguistics scholars and students, educators and higher education leaders, around the world to engage with the ideas in both volumes with an eye toward what you can do in your own local context, what we have inevitably left out, and how you might build on, adapt, and push us forward to create the kind of inclusive, decolonized, and socially just linguistics that you would like to be part of.

Featured image by Fons Heijnsbroek, abstract-art via Unsplash.

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The origins of the war in Ukraine [timeline]

The origins of the war in Ukraine [timeline]

The fall of the Soviet Union meant independence for Ukraine, and radically altered the shape and power structures of Eastern Europe. Russia’s invasion of Ukraine in 2022 was the culmination of a number of growing fissures and collisions in the region—between Russia and Ukraine, but also between Europe and Russia, and Russia and the United States. Michael Kimmage, a historian and former diplomat who served on the Secretary’s Policy Planning Staff at the U.S. Department of State where he handled the Russia/Ukraine portfolio, looks at the origins of this conflict dating back to 24 August 1991.

Feature image by Max Kukurudziak via Unsplash.

OUPblog - Academic insights for the thinking world.

 

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