n Where Democracy is Unsuitable n Who Should & Should Not Vote n Subsidiarity: A Way Forward? n Problems of Bureaucracy n Role of the State

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1 Lecture Map John Stuart Mill Participation: Who Does What? Dr Cathal Coleman n Where Democracy is Unsuitable n Who Should & Should Not Vote n Subsidiarity: A Way Forward? n Problems of Bureaucracy n Role of the State 2 John Stuart Mill Major Works n Born 1806 son of James Mill n Child Prodigy: Raised by his Father & Jeremy Bentham n 1822: Enters East India Tea Company n : Serves as MP n Suffers Nervous Breakdown Rousseauist Upbringing? Lecture Objectives n At the end of This Lecture You Should be Able to: n Mill s View of Democracy n The Extent to Which Subsidiarity is Compatible with this View 5 6 1

2 Dangers to Representative Democracy n Low Grade Intelligence in Representative Body n Class Legislation Through Numbers 7 8 What Britain Has Done So Far n Limit Democratic Character n Restrict Suffrage (or Voting Rights) n Build in Property Considerations n Land & Wealth Qualify What Britain Has Done So Far n Limit Democratic Character n Democracy as Practiced: n Government of the whole people by a mere majority of the people exclusively represented (Considerations on Representative Government, 1991:302) Notion of Democracy n In Representation or Equal Democracy: n Majority Must Prevail: n Greater Number Outvotes Lesser n But: Must Minority Be Obliterated? n Really Equal Democracy: n Every or Any Section is Represented n Not Disproportionately: Proportionately

3 Mill Likes: Proportional Representation n Thomas Hare s Scheme (Embodied in Draft Act of Parliament & Treatise on the Election of Representatives 1859) Mill Likes: Proportional Representation n First Past the Post: n Winner Takes All Thomas Hare Mill Likes: Proportional Representation n First Past the Post: n Quota System: n Number of Voters Divided by number of seats n Single transitive vote n Moves On if Surplus/Elimination Mill Likes: Proportional Representation n First Past the Post: n Quota System: n Voters can Vote for Candidates Anywhere in Country Mill Likes: Proportional Representation n First Past the Post: n Quota System: n Voters can vote for candidates anywhere in country n May be Allotted a Particular Locality Mill Likes: Proportional Representation n First Past the Post: n Quota System: n Voters can vote for candidates anywhere in country n Will Elect More Able People Very Elite

4 Mill Likes: Proportional Representation n First Past the Post: n Quota System: n Voters can vote for candidates n May be commissioned to look after a particular locality n Will lead to more able men n Will Counteract Localism 9 March Participation: Who Does What? 20 Who Should Not Vote n Those in Receipt of Parish Relief (Those on Dole/Social Welfare Assistance): Who Should Not Vote n Those in Receipt of Parish Relief (Those on Dole/Social Welfare Assistance): n If You Can t Support Yourself n No Claim on Public Office Who Should Not Vote n (Those on Dole/Social Welfare Assistance): n Tax Defaulters Exclude Themselves n Plus: Those Who Don t Pay Taxes Who Should Not Vote n (Those on Dole/Social Welfare Assistance): n Tax Defaulters Exclude Themselves n Illiterates and Innumerates n Bankrupts Also Not Eligible

5 Mill: Give Everyone a Voice It is a personal injustice to withhold from anyone, unless for the prevention of great evils, the ordinary privilege of having his voice reckoned in the disposal of affairs in which he has the same interest as other people True and False democracy n True or Pure Democracy: n Government of Whole people by the Whole people True and False democracy n True or Pure : n False i.e. Wrong: n Government of whole People by Majority of People True and false democracy n True or Pure : n False: n or Majority of Majority through first past the post and party system True and false democracy n True or Pure : n False: n Deplores Treatment of Manual Labourers n Condemns Disenfranchisement of Minorities All Should Have a Voice It is important that every one of the governed should have a voice in the government a person who is excluded from all participation in the Political process is not a citizen

6 All Should Have a Voice It is important that every one of the governed should have a voice In the government a person who is excluded from all participation in the Political process is not a citizen But ought everyone to have an equal voice? All Should Have a Voice It is important that every one of the governed should have a voice In the government a person who is excluded from all participation in the Political process is not a citizen But ought everyone to have an equal voice? This is a totally different proposition and in my judgement palpably false There is no one who, in any matter which concerns himself, would not rather have his affairs managed by a person of greater knowledge and intelligence, than by one of less. (Mill, Thoughts on Parliamentary Reform, in Held, 2006: 109) n Everyone Ought to Have a Voice, but an Equal Voice? n Everyone Ought to Have a Voice, but an Equal Voice? n Persons of Superior Knowledge/Intelligence: n They Contribute More n Opinions Worth More Not All Opinions are Equal Not All Opinions are Equal

7 Not All Opinions are Equal Not All Opinions are Equal Panelists: Telling You What to Think n Everyone Ought to Have a Voice, but an Equal Voice? n Persons of Superior Knowledge/Intelligence n Property: Should Not Count n But Education, Employment Count for More n Everyone Ought to Have a Voice, but an Equal Voice? n Persons of Superior Knowledge/Intelligence n Not property, but Education, Employment Bankers: 2 Votes At Least n Everyone Ought to Have a Voice, but an Equal Voice? n Persons of Superior Knowledge/Intelligence n Not property, but Education, Employment Graduates: More Votes

8 n Everyone Ought to Have a Voice, but an Equal Voice? n Persons of Superior Knowledge/Intelligence n Not property, but Education, Employment Higher Professions: More Votes Again n Everyone Ought to Have a Voice, but an Equal Voice? n Persons of Superior Knowledge/Intelligence n Not property, but Education, Employment: n Could Vote in Many Constituencies n Everyone Ought to Have a Voice, but an Equal Voice? n Persons of Superior Knowledge/Intelligence n Not property, but Education, Employment One Vote Mill Sums It Up The distinction in favour of education, right in itself, is further recommended by its preserving the educated from the class legislation of the uneducated. (p 337) Mill Sums It Up Mill Sums It Up The distinction in favour of education, right in itself, is further recommended by its preserving the educated from the class legislation of the uneducated. (p 337) n Mill Fears Class Warfare The distinction in favour of education, right in itself, is further recommended by its preserving the educated from the class legislation of the uneducated. (p 337) n Mill Fears Class Warfare n Favours Working Class Votes

9 Mill Sums It Up The distinction in favour of education, right in itself, is further recommended by its preserving the educated from the class legislation of the uneducated. (p 337) Questioning Mill s Approach n If Uneducated Masses Such a Problem: n Why Have PR? n Mill Fears Class Warfare n Favours Working Class Votes n Fears Working Class Numbers Advantage Must Not be Used n Extra Votes: Defensive Mechanism Advantage Must Not be Used n Extra Votes: Defensive Mechanism But it [extra votes idea] must stop short of enabling them [educated] to practise class legislation on their own account. (p 337) And Meritocracy Comes into Play n Uneducated Could Avail of Voluntary Examinations n Success Would Guarantee Plurality n Experience of Government Also Helps n Jury Service n Participating in Local Government Some Irish Examples n Graduates Get Multiple Votes

10 Some Irish Examples n Graduates Get Multiple Votes n And Some Graduates Don t: n Institutes of Technology n Professionally Qualified Some Irish Examples n Graduates Get Multiple Votes n And Some Graduates Don t: n Unelected Can Become Ministers Some Irish Examples n Graduates Get Multiple Votes n And Some Graduates Don t: n Unelected Can Become Ministers Parliament is Watchdog n Enables Representatives to Watch Over Central Powers Parliament is Watchdog n Enables Representatives to Watch Over Central Powers n Parliament Fosters Debate n It s the Modern Day Equivalent of Athens

11 Parliament is Watchdog n Enables Representatives to Watch Over Central Powers n Parliament Fosters Debate n Parliament Promotes Reason Parliament is Watchdog n Enables Representatives to Watch Over Central Powers n Parliament Fosters Debate n Parliament Promotes Reason n System Ensures Leadership Qualities : n Through Electoral Competition But How to Ensure Expertise? n Mill Argues: n You Need Experts to Run the Government Separate Control & Operation n Deputies/Representatives Should Not Interfere in Administration Separate Control & Operation n Deputies/Representatives Should Not Interfere in Administration 1. You Undermine Efficiency Separate Control & Operation n Deputies/Representatives Should Not Interfere in Administration 1. You Undermine Efficiency 2. Distort Responsibility

12 Separate Control & Operation n Deputies/Representatives Should Not Interfere in Administration 1. You Undermine Efficiency 2. Distort Responsibility 3. Reduce Overall Benefits Separate Control & Operation n Deputies/Representatives Should Not Interfere in Administration n Instead Separate Control & Criticism from Conduct of Affairs Separate Control & Operation n Deputies/Representatives Should Not Interfere in Administration n Instead Separate Control & Criticism from Conduct of Affairs n Parliament Should Appoint Executives: n specially trained and experienced Few Separate Control & Operation n Deputies/Representatives Should Not Interfere in Administration n Instead Separate Control & Criticism from Conduct of Affairs n Parliament Should Appoint Executives n Should Not Draw Up Details of Law n Should Be Final Seal of Approval Mill Advocates Creative Tension n Control Expertise Through Accountability Mill Advocates Creative Tension n Control Expertise Through Accountability

13 Crucial Question: Role of State Crucial Question: Role of State n State Action: Restrict Its Scope Crucial Question: Role of State n State Action: Restrict Its Scope n State Action: Constrain its Practice Crucial Question: Role of State n State Action: Restrict Its Scope n State Action: Constrain its Practice n State Action: Ensure Maximum Citizen Freedom

14 Mill: Chimes with Principle of Subsidiarity "Subsidiarity is a limiting principle in directing that tasks be done at the lowest social level at which they can be effectively performed -whether the task is making a decision, resolving a conflict, building a road, or educating children. (Schweigert, 2002: 25) Subsidiarity n Principle for Our Time? n Promotes Greater Democracy in EU n Could/Should be Applied in Ireland n Ensures Government Does What it Does Best: n Quality Rather than Quantity Subsidiarity: Four Pillars n Promotes Autonomy n Ensures Participation n Enables Self-Government n Builds In Anti-Majoritarianism Subsidiarity Pillar One: Autonomy n In the Tradition of Rousseau n Promotes Individual Freedom n Constraints Should be Few n Compatible with Public Service or Private Enterprise Subsidiarity Pillar Two: Participation n Devolved Principle Enables Groups to Cooperate at Lower Levels n Trade Unions n Churches n Associations n All Should Practice Subsidiarity Principle n Create/Maintain Faceto-Face Society

15 Subsidiarity Pillar Three: Self-government Local National Global n Localise Decision-making Structures: n Strengthen Local Government n Support Proximity to Citizens n Create Swiss-style Layers n But This Supports Regional & Global n EU n UN n WTO Subsidiarity Pillar Four: Anti-majoritarianism n Devise Structures to Prevent Discrimination n Enable Courts to Quash & Supervene Readings Contact Me? Feel Free! n cathal.coleman@nuim.ie n One for Everybody E-book: Watch the Late Late next Friday 89 15