The Core Idea of Democracy

irst requirement is to remember the critical role of				rather than that they will benefit citizens.
the legislature in the integrity system. The				Where special interests provide election funding,
essential insight of ‘ethics regimes’				the policies may be very much to the detriment
and ‘integrity systems’ is that no				of the citizens. Furthermore, there is a tendency
single institution can provide the answer and that				to use questionable tactics — including the
each must support the other. We would argue				use of government advertising and the
that a democratic legislature can and should				manipulation of information reaching the public
provide the lynchpin of the integrity system.				— to secure re-election.
First, government officials only have power to act				Here, we come to a permanent tension within
according to the law and Parliament can and				democracy that no integrity system can eliminate
should carefully consider what powers they give				but merely limit. The core idea of democracy is
to public officials.				that the people delegate executive and/or
Secondly, members and committees asking				legislative power to politicians whom the electors
questions of government can provide a focal point				believe will best use that power to serve
for the reporting of questionable practices. This				electors’ interests.
strengthen independent bodies by giving them				It is in the interests of governments to use that
someone to report to, follow up reports, and				power in ways that will earn approval and
provide public protection to those who are making				convince a majority that it is the better choice.
valid criticisms of governments. If a parliamentary				However, there is always a temptation to use
body can demand documents, testimony, and				governmental power to secure re-election by
information from government, then it strengthens				avoiding or distorting that choice. The crudest
Freedom of Information legislation by making the				form of avoiding that choice involves a
withholding of documents pointless (conversely, if				cancellation or postponement of elections.
the legislature cannot demand such documents				However, there are many other means of
then resisting FOI requests is a more viable				avoiding that choice — distorting electorates
tactic).				and electoral boundaries, manipulating electoral
However, if committees of the legislature are to				practices and electoral machinery, and using
perform their functions they cannot be				governmental power to silence opposition or
government controlled. The most likely way to				promote government policies. The temptation is
ensure this is to select them from a house that is				so great that it might seem that only strong laws
elected on a different basis to the government. In				will suffice. Certainly, there is a need for clear
presidential systems this will frequently be the				constitutional provisions, electoral laws with teeth,
case, in bicameral systems it is often the case.				and independent electoral commissions with clear
Reformers should seek to ensure that the				procedures for calling elections and counting the
electoral system permits the chamber or				votes.
chambers providing the committees to be elected				There is a need for clear legal rules on electoral
on a different basis. This allows them to operate				advertising, election funding, and government
as a house of review rather than a rubber stamp				advertising. However, wherever there is power,
(where controlled by the government) or a house				there is a temptation for abuse. It is important
of obstruction (where controlled by the				that the fundamental democratic principles
opposition). Where there is no such house which				underlying those laws be clearly and publicly
can operate in this way, the possibility of				articulated and attempts made to live by them.
appointing independent chairs, agreed to by both				Politicians in a democracy are members of a very
government and opposition, and would provide an				important public profession. Politicians seek to
interesting and viable alternative.				articulate policy choices and put them before the
If the legislature is to perform this critical				people. If they believe that their policies and the
oversight function, legislators have to see				general philosophy underlying them are correct,
themselves as public officials performing a critical				they should be proud to promote those policies
public service rather than mere ciphers for the				and should believe that those public values and
party machines. We are not suggesting an				public policies deserve to be chosen on their
elimination of the party system and a				merits by their fellow citizens. To seek to win by
‘return’ to legislators acting on				other means discredits those values and policies
their individual consciences. This should involve the				and dishonors their profession. Most politicians
justification of the party system for what it can				would hold to some such set of beliefs and would
offer the public and a justification of the office of				only justify deviations as defenses (or
legislator that reflects the vital role they play in				pre-emptive strikes) against even worse
the democratic governance of the nation.				deviations by their political adversaries.
Political parties should see themselves as putting				This is where the integrity system is challenged
alternative views of the way that public power				and where it must be strongest — in its
can be exercised for the benefit of the citizens.				laws and institutions (including ethics advisors,
Most politicians enter politics with a belief that				ethics committees, a free press, FOI etc.) and
different public policies can make a difference and				with, as always, ethical standard setting leading
that they and their party’s set of policies				the way by providing a source of legal principle
will, on balance, improve the life of citizens. The				and a standard for judging institutional reforms.
problem is that, in the search for power, this is				Such value based co-ordinate means are the key
often forgotten and policies are put forward on				to going ‘beyond best practice’ in
the basis that they will get the politician re-elected				governance reform.