What is democratic backsliding?

Much recent political commentary suggests that a “backlash,” “revolt,” or “counter-revolution” is unfolding against liberal constitutional democracy (e.g., Eatwell & Goodwin, 2018; Galston, 2020; Mounk, Norris Inglehart, 2019; Zielonka, 2018). As generalizable observation about contemporary politics, this diagnosis perhaps unduly alarmist Przeworski, 2019). In some countries, however, sustained attacks on democratic institutions have indeed become commonplace. An emblematic example the Hungarian Prime Minister Viktor Orbán's attempts to transform his country into an “illiberal democracy.” Attentive weakness of domestic opposition and supranational monitoring, Orbán, Fidesz party gradually dismantled Hungary's post-1989 order. its place has arisen regime not outright dictatorial, yet less than democratic—something may also be said Turkey under Recep Tayyip Erdoğan Poland after electoral victory Jarosław Kaczyński's PiS-party in 2015. Scholars routinely reach for analytical frame backsliding describe such phenomena. But though term widely used across different disciplines, precise meaning rarely been made subject reflection. one leading comparative politics scholar notes, notion “frequently but analyzed” (Bermeo, 2016, p. 5) Reacting this, my aim article clarify backsliding. The ambition, particular, develop more general account can applied range institutional contexts. I begin by running through existing conceptualize backsliding, noting much research either under- overdetermines concept. second section deals with fact “backsliding” implies regression, which turn raises complicated philosophical issues concerning accurate identification progressive regressive social remainder paper devoted developing theoretical neither nor concept, satisfactorily explain regressions. Taking cues from work tradition critical theory, comes broadly framed distinction between rights-suspending rights-obstructing forms discuss illustrate offer reflections how usefully analyzed using “immanent critique.” Most conceptually oriented contributions literature focus techniques strategies actors employ attack democracy. These include, are limited to, coups d’état, executive aggrandizement, strategic manipulations elections Bermeo, 2016; Daly, Haggard Kaufman, 2021; Khaitan, 2019a; Levitsky Ziblatt, Lust Waldner, 2015; Runciman, Waldner Lust, 2018).1 A further conceptual feature frequently highlighted it occurs “through discontinuous series incremental actions, one-time coup de grâce” (Waldner 2018, 95). polity's “sliding away” typically process, clean, revolutionary break past. If concrete actions events regimes nondemocratic ones relatively well-analyzed, quite fundamental question exactly we tell stopped being discussed. accounts limit themselves brief, stipulative definitions along lines “Backsliding makes competitive without entirely undermining mechanism” 95) (to cite definition backsliding) “backsliding … denotes state-led debilitation elimination any sustain democracy” 5). Why making always necessarily deterioration quality, democracy's should look with, addressed. Instead, what requires treated as fairly obvious straightforward. there exists great variety ideals could plausibly invoked, none value neutral “obvious” choices, tends side-lined (for discussion practice science, see Sabl, 2015). part underdetermines concept treating certain features stable, obvious, need discussion, numerous specific case studies rich detailed discussions means erode For example, Polish governments’ at “disabling” (Bánkuti et al., 2012) their countries’ constitutions avowedly treat particular conception strong independent courts definitive normative standard Bugaric, Hillion, Kelemen, 2017; Kochenov, 2014; Müller, Scheppele, Wolkenstein, 2022). Jan-Werner Müller (2015, 152) form “constrained was preferred “architects post-war West European order” underpins constitution Union. It interpreted implied Article 2 TEU, Hungary breaching “illiberal” (Castillo-Ortiz, short, equals sliding away “constrained” defines Union's wider self-understanding. Unfortunately, context-specific understanding only use task clarifying even if sense say core within EU, given EU based on, would odd such, is, context. Democracies come many significant variations architecture, supposedly well-functioning democracies no (or very weak) Scandinavian countries; Larsen, Wind, 2010).2 Arguably useful must able deteriorations “nonconstrained” democracies, too. same problem overdetermination plagues measure large-scale quality datasets, Varieties Democracy Project (V-Dem). Without denying impressive project, model-based “electoral plus three additional components: rule law ensuring respect civil liberties, judicial constraints branch, legislative checks oversight executive” (Mechkova 2017, 162), merely stipulated rather defended, runs risk overgeneralizing function ideal-typical democracy-sustaining (this consequence thinking terms “models” democracy, Warren, issue connection V-Dem Dryzek, 362). instance, central assumption processes indicate better appears rash, least because exist few checks, noted before. Identifying blinds us considerable democracies. Perhaps importantly, holds lose track actually achieve system. Warren (2017, pp. 40–41) argues, once step back ask question, often turns out practices models foreground clear strengths limitations. mere existence stability time primary yardstick, well miss bigger, “qualitative” picture whether those perform supposed functions satisfying fashion.3 That grow insensitive they fulfill ascribed them way sustains enhances level There two takeaways prior section. First, theoretically why developments mechanism) constitute degeneration Second, asserting model frames components Another needs handling concerns make assumptions history historical development when speak To understand stake, consider first directionality: moving backward, desirable, “higher” state prior, “lower” state. This inscribed since usage English language. According Oxford Dictionary, verb “to backslide” published 1581, context sixteenth century religious dispute Latinist Walter Haddon Portuguese bishop Jerome Osorio Fonseca. phrase used—i.e., “the onely righteousnesse Fayth, whence were back-slyden” —is indicative just-mentioned connotation lower, earlier (moral) development. adjective “backsliding,” turn, appearance King James Bible 1611 then 200 years later, Sir Scott's 1816 novel Tale Old Mortality, where Scott speaks “a pastor, forsaken strict path.” Again, invoked regress amorality sin. extent retained Bermeo (2016, 6) acknowledges she notes “When linked word democratic, term's current secular keeping origins willful turning ideal.” However, important difference early modern, “democratic backsliding.” Whereas former specifically Christian ideal striving toward spiritual maturity perfection (according “No perfect who does strive perfection” [Koselleck, 2010, 172]), latter (at implicitly) upon kinds Enlightenment philosophies gravitating towards ever-greater emancipation (see, paradigmatically, Hegel, 1986).4 theory over course nineteenth twentieth centuries progressively evolved inclusive culminating (as well-known commentator put it) universalization Western final human government” (Fukuyama, 1989, 4). Accordingly, departure “final” type “illiberal,” Orbán tried do) regress—sliding backward. problems developmental views history. thing, most common adopt implausibly teleological vision progress casts unidirectionally predetermined goal. Buchanan Powell (2018, 7) it, acknowledging “bloodbaths twenty-first century” abandoning “linear conceptions progress” imply “continuous major regressions.” (Theodor W. Adorno [2006, 4] famously drew stronger conclusion: “After Auschwitz,” he argued, “any appeal idea seem absurd scale catastrophe.”) another Eurocentric Western-centric bent. tend present “historical story positions modernity outcome learning [and] non- premodern Others cognitively normatively inferior ‘us’” (Allen, 79). discomforting imperialist overtones. Insofar universalizes might jars article's ambition these reasons, satisfactory do rely view asked bother dealing vexing regression give up instead. narrower concepts empirical legal literature, “coup d’état” “executive aggrandizement,” “baggage” navigate. Aren't ultimately alternatives? While nothing wrong categorize things occur attack, rash dispense altogether. describes (in English, synonym regression), captures accurately alternative poses place: d’état acts aggrandizement usually threatening undoing hard-fought achievements individual collective freedoms (cf. Ahlhaus Niesen, Schäfer Zürn, 2021). has, other words, distinctive advantages describing undermine (rather simply stating democracy), presupposes identify regressions resorting history, while resisting temptation overgeneralize “models democracy”-approaches do). suggest provide resources constructing meets demands. Both themes figure prominently tradition, theorists exceptionally sensitive plague Allen, Habermas, 1992; Horkheimer Adorno, 1969, 234–237; Jaeggi, Verovšek, Nor, moreover, resort freestanding standards decoupled perspectives participate practice. Characteristically reconstructing interrogating norms inhere accepted institutions. comprehensive “generalizing reconstruction self-understanding historically known declarations rights based” (Maus, 1995, 839) Jürgen Habermas’ Between Facts Norms, identifies backbone system meant secure citizens’ public private autonomy (Habermas, 1992, 151–165). fruitfully inform inquiry. approach start analysis constitution-making. presuppositions participants unavoidably order intended unveil fundamentally “represents enterprise free equal citizens govern medium positive law” (Patberg, 54). insight, Habermas (1992, 668) suggests, reformulated guiding every constitution-maker: “what mutually grant decide voluntary association consociates legitimately regulate living together law?”5 basic (whatever content) result autonomous elaboration right greatest possible freedom action each person; status member consociates; individual's protection law, actionability emerge opportunity law-giving 2001, 777).6 substantive content sets specified deliberate. abstract framework that, Ingeborg Maus puts leave room “political lawmaking own vantage point, bring consciousness, enact (also 160–162; 1996, 90). thus real-existing representatives) spell rights, establish None things, thought goes, determined observer-perspective theorist. attractiveness lies minimalism. insist presence stipulate polity count “democratic.” four translated multiple “varieties” constitutionalism. They just compatible reign majority systems self-rule lack constraints. So long giving protected ways,7 require hold elections. Clearly, then, satisfy desideratum (3). No implicitly assumed ideal. Less straightforward demanding (2). all parasitic broader evolution moral-practical notably, 1981). Learning processes, line thinking, set motion revolutions late eighteenth centuries. words (2019, 737), introduced “new tension (Spannungsbogen) reality itself,” universal emerging republican enjoyed small privileged minority. sought criticize “lacking justice” now position appeals non-realised non-saturated claims 2019, 737). Eventually, appeals, episodes resistance sometimes accompanied them, encouraged sort moral led gradual expansion institutionalization suffrage, so on. vestigial remnant traditional philosophy remains notions sociocultural development, learning, moral-political Habermas's [conception] modernity. [remains] committed progress, society progressed will followed developmental, unidirectional, cumulative process. far concerned, potential twofold. On hand, pegged modernity, motor instigated Enlightenment, seen (perhaps unintentionally) devaluing paths 17). employed standard, vulnerable criticism experience constitutionalism, side-lining self-government. Does disqualify account? hardly problem. Even emergence constitutionalism initially particularity, arguably exercising non-Western constitutions, imposition e.g., Ackerman, Galligan Versteeg, 2013). societies—possibly local substate levels—have opted radically organizing seems cannot societies. rare exceptions. Recall, categories “placeholder” whose shaped real constitution-makers. tempers force objection prospect large formulations informed commitments (Khaitan, 2019b). already noted, decoupling space plurality issue, Eurocentrism proves complicated. adequate emerge, required—otherwise, difficult (2) satisfied. One possibility retain restrict scope application. Niesen (2019) attempt “selective Their suggestion deploy “Enlightenment universalize reach: “Insofar indexical reference one's order, dispel suspicion imperial criticizes self, other” (Ahlhaus 494). am unsympathetic approach, our purposes needlessly restrictive. If, suggested, internal logic reconstructs travels beyond top-down intent, “own order.” fruitful direction modify progress. applicable, non-Eurocentric like approached framing nonteleological, formal, negativistic Progress, imaginable assuming goal (a rejection teleology), generalized outcomes dynamics sociopolitical change generate “progressive” substantive, view). think “part accumulative problem-solving process hampered moments regression” take progress) (Jaeggi, 36; Kitcher, 2021, 15–26; Zurn, 2020). Rahel Jaeggi 36) explains, societies constantly try solve arise due “social crises, conflicts, contradictions,” involve “moments regression—extending ideological distortions alienation, blockages action” —they considered developments.8 inconsistencies contradictions respective outcomes. conceptualizing merit phenomenon various cultural enables species identifiable produced indexing “particular regressions” relevant concern correspond sketches rights: below, suspension exercise obstructed suspended. Problem-solving efforts end limiting exercisability previously exercisable regressions, fail terms, advance producing results contradict according identified constitutive contextually situated processes. Putting point way, identifying instances close study lead curtailment appraisal (in)consistencies norms, Note unfamiliar approaching matter way: immanent critique kind. Immanent takes “norms inherent (social) situation” or, indeed, proceeds investigate relationship reality” “inverted reversed,” “are operative contradictory deficient” 2009, 286–287; cf. 238–240). added traditionally transformation both underpin institutions, (Benhabib, 1986, 106–107, 226). purposes, though, ourselves tapping diagnostic power critique. Its transformative capacities, however project required sum up, absence critique—a method principle citizen—allows avoid charge criteria judgment “partial, reflecting