Varieties of transition from authoritarianism to democracy

by Jiří Přibáň, Professor of Law, Cardiff Law School, Cardiff University Email: priban@cf.ac.uk

Abstract:

This article draws on historical, comparative and structural analyses of various processes described as democratization and democratic transitions. The opening sections address the meaning and general theories of democratization and the emergence of democratic transition studies. Structural aspects, different actors and political varieties of transitions, especially the process of negotiations and round-table talks and their impact on the rule of law and constitutional aspect of democratic transitions are discussed, and close links between democratization, the rule of law and constitutionalism analysed in the following sections. Finally, problems of transitional justice and dealing with the authoritarian past are considered as an intrinsic part of democratic transitions.

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Recent legal and political theories often indulge in using the concepts of democratization, democratic transition and transitional justice implemented around the globe, from post-apartheidSouth Africaand post-communistEuropeto Latin American and African countries dealing with past atrocities and the violence of military rule. After the fall of communism and the end of the Cold War, the rise of liberal democracy looked irreversible and democratization was thought to be the panacea for historical, economic, political, cultural, religious, educational and other social problems around the world. The concept of democratic transition seemed equally to reflect on the ever faster process of economic, political and cultural globalization of which democracy would be a major hallmark and political point of reference.

The very concept of democratization and democratic transition indicates a finality-driven political process. While starting positions may be significantly different, from various systems of military authoritarianism, autocratic populism and post-colonial nepotism to racist apartheid or fascist and communist totalitarianism, the final destination is clear from the beginning: the system of democratic government. Despite a number of similarities and overlapping political issues, the process of democratic transition thus clearly needs to be distinguished from post-colonial politics of independence, post-conflict peace-building or limited reforms of numerous authoritarian regimes seeking to stabilize power rather than implement full-scale transitions to democracy.

This article, therefore, draws on historical, comparative and structural analyses of various processes of democratization, including the problem of transitional justice and dealing with the authoritarian past. In the first section, I address the meaning of democratization and subsequently limit the problem of democratization to post-authoritarian societies in transition. The second section deals with general theories of democratization and the rise of democratic transition studies. Structural aspects, different actors and political varieties of transitions, especially the process of negotiations and round-table talks and their impact on the rule of law and constitutional aspect of democratic transitions are discussed, and close links between democratization, the rule of law and constitutionalism analysed in the following sections. Finally, problems of transitional justice and dealing with the past are considered as an intrinsic part of democratic transitions.