It is an age of
universal reformation. Laws and statutes of civil and
federal governments are in process of change and
transformation. Sciences and arts are being moulded anew.
Thoughts are metamorphosed. The foundations of human
society are changing and strengthening.
A new world order
is emerging in the wake of the post-Cold War realities.
As America awaits the fifth "big change,"
reinterpretation of the "cultural pantheon of
several distinct realities" assumes special meaning
for global well-being, for peaceful coexistence and
global prosperity. The triumphal globalist notion of
"the end of history" is repudiated by the
appalling contradictions of the Cold Victory. The search
for a "prophetic paradigm" - beyond
nationalistic idolatry, utopian hubris, and liberal
democratic complacency - continues for the sake of peace,
justice, freedom, love, and the prosperity of all
humankind.
‘Religion
as critique’
In this essay I explore the
conflict resolving capacities of contemporary political processes
in the context of Bahá'í Writings on governance and conflict.
The essay adopts a "religion as critique" approach to
the practices of modernity, and identifies a number of
"challenges of contemporary government" that must
sooner or later be addressed in the inevitable move to more
effective governmental norms and processes. To state my thesis in
brief, the Bahá'í Writings provide the foundations for a
"critique of modernity" at the same time that they
suggest possible paths to the future. A major criticism of
modernist government is its inability to solve conflicts. In
fact, current structures of government contribute in many
circumstances to the production of conflict rather than its
resolution. These conflict-laden structures are accompanied by
conflict-enhancing attitudes, which tolerate high levels of
conflict due to a belief that such conflict is inevitable.
Religion has traditionally played a
role in overcoming conflict. Prophetic law has, additionally,
served as an undeniable basis, a statement of the social grundnorm
(now referred to as ‘natural law’) on which
contemporary legal codes have been based. The "revealed
laws" are supplemented by man-made laws through human reason
and by reference to tradition. Both sacred and contingent sources
of law are valid but the purpose of law is promotion of the
well-being of the masses rather than "chains that bind
them". Ancient codes of law, whether written or customary,
require reform if they prove detrimental to the welfare and
interests of peoples in a period of rapid social evolution.
Religious critique of modernity takes many forms, from discourse
to political action, to violent confrontation. Obviously, this
essay advocates the pursuit of change through dialogue and
discourse. Less obvious may be its normative approach, as opposed
to idealistic: it proposes pursuit of change in desired
directions through both intellectual and social engagement, and
not through intellectual idealisation alone.
Governance
in the Bahá'í Writings
The term "governance"
refers to the structures that are established by societies for
the purpose of regulating their affairs, and promoting their
welfare. The history of the diverse peoples of the world is in
one sense a vast pool of experience with different systems of
governance, each having its strengths and weaknesses, and each
contributing something to the practice of governance in our day.
From remnants of splendid empires the nations of the first,
second, and third worlds have emerged, each commending the
victories of their own style. From despotisms to authoritarian
democracies to anarchous, stateless societies; from laizze-fare
capitalism to communalism and communism; from narrow nationalisms
and ethno-nationalisms to socialist and liberal internationalisms
- world history records many and diverse experiments in social
and political organisation.
The Bahá'í Writings, no less than
earlier prophetic religions, concern themselves with governance.
In numerous of His tablets, Bahá'u'lláh refers to the
‘lamentably defective’ condition of the contemporary
order. But this critique differs from other critiques of
modernity, particularly the post-modern, which "void"
meaning through de-construction of contemporary paradigms of
power without suggesting alternatives. Rather, it points to
limitations in modern ideologies, structures of government and
systems of values, while acknowledging signs of positive social
and political change.
The need for reform was a constant
refrain in the discourse of Abdu'l-Bahá. Public talks in North
America highlighted the "call to freedom" that
challenged the "dogma, creeds and hereditary beliefs"
which could not withstand "the analysis of reason in this
century". His essay addressed to the Hague Conference for A
Durable Peace questioned the adequacy of the nation-state as a
basis for peace. His treatise Secret of Divine Civilization
and Shoghi Effendi’s essays, World Order of Bahá'u'lláh,
expand on Bahá'u'lláh’s general themes. Shoghi Effendi
explained that states that the "animating purpose" of
Bahá'u'lláh’s Teachings is to broaden the basis of
society’s foundations and to "…remould its
institutions in a manner consonant with the needs of an
ever-changing world." The Bahá'í model of governance
presents itself, he suggests, as a "pattern of ...divine
civilization" that challenges "...most of the
institutions of contemporary society..." and rejects such
conflict that is "built in" to current processes and
structures as the adversarial structure of civil government, the
advocacy principle informing most of civil law, struggle between
"classes and other social groups", and the competitive
spirit in much of modern life.
The "alternative" model
of governance offered in the Bahá'í Writings seeks to
"transform" current practices, rather than
"replace" them. According to the "organic"
theory of social evolution, such interventions, combined with the
current systems' inherent instabilities, will assist in realising
fundamental change, which will include changes in values as well
as in structures and procedures, to an extent that systems
theorists call a "paradigm shift".
Shoghi Effendi has explained that
the Bahá'í model cannot be associated with any single known
model of governance, but "...embodies, reconciles and
assimilates within its framework" the best features of each
classical model, while remaining free of their defects. It is
unlike any form of government, whether democracy, autocracy,
dictatorship, monarchy, or republic; and as such cannot be wholly
likened to such historic religious legal systems such as the
Hebrew Commonwealth, or the governmental orders developed in the
Christian and Islamic civilisations. It is, in other words, a
unique Administrative Order, both in theory and in practice, and
in both secular and religious traditions." Bahá'u'lláh
commended the "republican form" of government, but
preferred that the role of monarchy be retained, and praised the
British system for being "adorned with the light of both
kingship and of the consultation of the people".
In recent years the Universal House
of Justice and its agencies have elaborated on such subjects as
the future of the United Nations Organisation, and the challenges
of social development. The Prosperity of Humankind
suggests that reassessment of structures and processes of
government will include redefinition of the terms
"power" and "authority"; formulation of laws
that are "universal in both character and authority";
reformulation of consultative practices and of concepts of
justice; a conscious effort to ensure that "technological
breakthroughs" and "limited resources" are not
reserved for privileged minorities; and the continued development
of laws protecting human rights and the whole range of civil,
political, social and economic rights. Among specific
observations of current practice, it criticises the lack of
citizen involvement in local-level decision-making.
Modernity
and the exhaustion of possibilities
…the greatest
explanatory power is found in the battle between two
great world-wide forces in collision – the
disintegrating, centrifugal force reflecting the inward
‘pull’ of nationalism and ethnicity that
dominates today’s headlines, and the integrating and
harmonizing centripital force representing the
‘push’ of economic and technological
interdependencies that is reshaping the same
landscape".
Nationalism continues to frame most
thinking about the quest for order in modernity, and modernists
continue to regard the social and political technologies of
liberal democracy and international relations as being adequate
for managing conflict. With the decline of the communist system,
some have proclaimed the "end of history" and the
victory of liberal democracy. But this supposes an
"exhaustion of possibilities" that attempts closure of
debate on political innovation. The idea that "there are no
more solutions left" to combat the world's problems - is
simply a prejudice.
Although nationalism has provided
the key ideological motif in the modern period, it has not been
without significant limitations. Communism, similarly, has proven
an ideological program unable to deliver genuine social,
political and economic advance. The cause of Fascism flowered for
a time in mid-century, but proved so extreme as to bring
opposition to itself from all directions. Toward the end of the
twentieth century ethnonationalisms have emerged as key
ideological forces. The structures of governance that have been
built on these predominant ideologies of modernism have reached
the limits of their effectiveness, and are in disarray.
Philosophically the confidence of the "moderns" has
been replaced by the skepticism of the post-moderns; and even
where revolutionaries have replaced their former hegemonic
overlords the challenges of governance remain.
If liberal democracy perfects the
science of governance, how do we account for the vast gap in
social indicators between humanity’s present condition and
the ability of governments to meet its needs? The few apparently
successful liberal democracies must be seen against a far more
encompassing background. Mohan summarises the present impass in
this way:
Capitalism and communism
represent two diametrically opposed schools of thought.
The strength and weakness of the two systems stem from
the inherent nature of materialism. Communism has failed,
and socialism is fighting for its survival in the
material culture that is apparently pervasive and
successful. Capitalism's claim that it has been
ultimately victorious over the ruins of the Marxist
ideologies is both unscientific and pretentious. ......In
a way, the post-material consciousness is, rather, a
rediscovery of lost values: basic empowerment
(democratisation), fundamental authenticity (good
faith), primitive innocence (freedom from
oppression), and primordial justice (ethics of
action and values). These four elements will serve as the
tenets of social praxis and help define the paradigm of a
rational and humane society that is both responsible and
compassionate.
The modern period has undoubtedly
made considerable progress in its approaches to government. The
ideal of democracy has been extended and strengthened, adherence
to the ideas of the rule of law and of constitutionalism have
spread, and the concept of justice as the basis of governmental
authority has matured. Elected representatives make law and
change law, courts resolve disputes, and bureaucratic agencies
aim to deliver government programs throughout the state. Although
most decision-making occurs at national level, decision-making
and problem solving at global is becoming more comprehensive, as
indicated in the rapid maturation of international law.
The expression of competing voices
within parliaments concerning matters of government invented by
liberal democracy is an advance over the lack of such
representation under feudalism and the absolute monarchies. The
provision of courts of law from local to national levels, with
yet other courts in which to appeal decisions of lower courts,
are similarly an advance over earlier judicial bodies that were
poorly equipped to assess evidence, and to dispense justice. So
too, the elaboration of modern bureaucracies to administer every
aspect of government policy provides a level of public support
unmatched at any time in history.
Similar advances can be reported
for most parts of the globe. Societies that were traditionally
stratified, based on class, caste, even slavery, are undergoing
modification. There has been expansion, too, of the institutions
and values of democracy, and to such qualities of civil societies
as expansion of print and electronic media, and the emergence of
significant numbers of private citizens actively involved in
public life. This social change has been aided by the spread of
technology and communications including satellites, and most
recently, the internet.
Tasks that remain include improving
electoral processes to ensure that public affairs are handled by
leaders with the requisite qualities; improving the performance
of the various constitutional organs, such as the parliaments,
courts, and executive branches of government; and strengthening
other mechanisms of accountability. Yet another task requires
redistribution of constitutional powers, some to a global state,
others to local authorities. Most importantly, constitutional
changes must be accompanied by a transformation in the values of
leaders and peoples alike. Without a consciousness of the
'wholeness of humankind' and a desire for unity, other essential
reforms in leadership selection, global constitutionalism, and
citizen participation, will be insufficient, and national,
ideological and partisan interests will continue to control state
power. The suffering and underdevelopment of the majority of the
world's people will continue, as will disparities between rich
and poor.
As long ago as the 1930s Shoghi
Effendi commenced commentary on the detrimental effect of
narrowly defined national policies on global order. His essays Promised
Day is Come and World Order of Bahá'u'lláh contrast
the destructive forms of nationalism that emerged in the
nineteenth and twentieth centuries with a positive form of
nationalism that must characterise future states. Shoghi Effendi
traced "intolerant and militant nationalism" to
Hegelian philosophy which deifies the state. `Abdu'l-Bahá’s
view was that if the predominant conception of patriotism remains
"limited within a certain circle, it will be the primary
cause of the world's destruction". Following World War One
national leaders who feared that allegiance to any form of
internationalism would "sap the loyalty" required for
the continued existence of the nation states, opposed such
developments as the Geneva Protocol, the idea of a United States
of Europe, and an Economic Union of Europe. We now observe, of
course, that each of these institutions has come to pass.
Economically, "narrow" and "brutal"
nationalism, which had been reinforced by the post-war theory of
self-determination, had resulted in "high prohibitive
tariffs" which in turn "inhibited the healthy flow of
international trade and finance". In short, was Shoghi
Effendi’s conclusion as early as the 1930s, national leaders
had failed to adapt national processes, which were "suited
to the ancient days of self-contained nations" to
present-day needs.
Shoghi Effendi also associated the
rise of nationalism with the demise of religious belief, noting
that in some instances nationalist movements had included a
"conscious, avowed and organised attack on
Christianity"; had been associated with a "systematized
work of defamation against all forms of ecclesiastical
influence", and had contributed to de-Christianization of
the masses; and decline of authority, prestige and power of the
Church." The resulting secularisation of society in
modernism has been described as a 'disenchantment' of public
life, a reduction of meaning to social good which leads to
cynicism, to despair, and to hypocritical uses of power by elites
who deny the existence of any duties higher than their own selves
and their constituencies. Even the rights of coming generations
are sacrificed to the interests of those currently in power.
Public office is no longer held 'in trust', on behalf of those
who came before, and those of future generations. Conflicts
between competing social, political and economic interests are
considered unavoidable, and for the most part un-resolvable
(hence, to be 'managed', rather than 'resolved'). In this
modernist view, conflict between states is as inevitable as
conflict within states. In the international arena there is also
the expectation that conflict can be managed in accordance with
the interests of each sovereign state. Where interests coincide,
states may agree to multilateral or bilateral treaty
arrangements; but in cases of conflict most states reserve the
right, ultimately, to defend their interests militarily.
The adequacy of this modernist
framework is being challenged in several ways. The traditional
notion that the nation is the supreme political unit, possessing
such sovereign rights as the right to wage war, to control the
flow of goods and people across its borders, and to legislate and
carry out domestic law, is inconsistent with the growing practice
of international commerce and trade. Nationally organised forms
of government and state are increasingly impotent in the face of
global problems that include environmental deterioration,
population explosion, the depletion of resources of energy, the
outbreak of war and the conclusion of peace, the establishment of
security, and of economic and social justice. The right to wage
war is incompatible with the expanding regime of humanitarian law
and human rights protection. [Alston, 1996 #6498] It is also too
costly, and the impact of modern weaponry too devastating to
achieve any political objectives. Descent into military conflict
only indicates inability to adopt effective conflict resolution
techniques. The fact that the current models of government are
failing to meet human needs indicates that additional models will
be established, through necessity. [Jessop, 1990 #1430] The task
is to choose between alternative possible futures.
Four Challenges of Contemporary
Governance
Modern governments, whether liberal
democratic or socialist, face four major challenges: establishing
and maintaining legitimacy, promoting democracy, solving disputes
effectively, and ensuring social and economic development. These
challenges incorporate the values of unity, democracy, justice,
and prosperity. Governments that do not respond effectively to
these challenges risk serious internal conflicts and social
instability.
Legitimacy
Legitimacy refers to the acceptance
of the foundational principles of a state, and to the
constitution of a state. A people that sees its state and
government as having legitimacy has a sense of constitutional
unity. Without this sense of unity, a state is in danger of
serious conflict, and even collapse. A government can establish
this sense of legitimacy over time by meeting the needs of the
people, and by building a sense of purpose and unity amongst
them. The ability to build legitimacy depends partly on the
quality of dialogue between the people and the state. The
legitimacy of a state provides the foundation for the operation
of democracy. [Rosenfeld, 1994 #6871]
Many states emerged from the
break-up of Colonial Empires, or from colonial intrusion, or from
inadequate peace treaties at the conclusion of unjustified wars.
The 'nation' was the form adopted for anti-colonial struggle and
perhaps a majority of the nations are identical with the
boundaries of colonial states established by the European powers.
The legacies of these origins include continuing uncertainty and
dispute as to the relationship between ethnicity and statehood,
and hence uncertainty as to the status of minorities and
"first peoples". Given that the boundaries of many
contemporary states were determined arbitrarily, the lack of an
authority to adequately settle boundary disputes is a serious
hindrance to peace between states.
Anderson’s observation that
nations are no more than 'imagined communities' [Anderson, 1983
#3036] that require considerable social and political engineering
to propagate echoes Abdu'l-Bahá’s much earlier observation
of nations and peoples as "limited unities" that were
"imaginary and without real foundation". The artificial
and arbitrary nature of national boundaries, coupled with
insufficient mechanisms for handling boundary disputes, has been
one of the major sources of inter-national conflict in the past
two centuries. [Prescott, #1643]
The historical moments in which a
great many nations were formed - through treaties or declarations
of independence, left ‘the people’ out of negotiations
concerning their own destiny, and launched their nations in
undemocratic circumstances which have not necessarily been
remedied. Most current conflicts related to claims of
ethno-nationalism, or separatism, have as their root cause a
legitimacy deficit. [Harris, 1998 #7130; Richardson, 1993 #6956;
Smooha, 1992 #6968]
The legitimacy of many contemporary
states may currently be under challenge for one of several other
reasons: in many places they are not meeting the ‘basic
human needs’ of their peoples. Ironically, while states are
spending large proportions of their income on
‘defence’, they are failing to provide security. The
‘global order’ lacks legitimacy through lack of
participation by citizens in decisions taken by nation states in
the international arena.
Democracy
In a broad sense democracy refers
to the election of leaders by the people. People who elect their
own leaders are said to be ‘free’, although this
‘freedom’ refers to their agreement to act as they wish
within the bounds of the rights and responsibilities that are
determined by the society’s legal system and public culture.
The idea of democracy is not to achieve ‘total freedom’
- for such a thing is impossible - but to provide a social and
political society in which individuals are able to pursue goals
of their own choosing, to fully develop their personalities,
abilities and talents, and to contribute the fruits of their
efforts back to their society. [Inter-Parliamentary Union, 1998
#7094] Democracy offers both legitimacy and accountability, since
the people have control over their leaders and over the laws that
bind them. Where these conditions are met, a government acquires
authority, and possessing authority, becomes effective in
governing with a sense of justice.
Democracy is a core Bahá'í value.
But in the Bahá'í conception, it does not refer merely to
‘freedom of speech’, or to the articulation of
individual human rights. It refers rather to a culture in which
the individual feels free to set forth views in an atmosphere of
tolerance; in which the people’s elected representatives see
themselves as trustees of the public will; in which the people
have respect for the decisions of the duly elected authorities;
in which the values of diversity, reciprocity and mutuality are
appreciated. Democracy therefore refers to a culture rather than
to rules.
"Consultation"
exemplifies a practice of governance that is given considerable
attention in the Bahá'í Writings. Open consultation is
acknowledged as an essential component of a united society.
Through it, each can know the thoughts of others. Any
interference with the expression of thoughts leads to distortion
of messages, to misunderstandings, and ultimately to disunity.
The implications of this insight are explored in depth in
Habermas’ ‘theory of communicative action’
[Habermas, 1996 #7041] and other literature about
‘deliberative democracy’. [Held, 1993 #2755]
The Bahá'í approach to
consultation recognises the power of discourse to influence to
either positive or negative effect. Bahá'u'lláh counsels on the
proper use of language. The consultative principle, already found
in most systems of government, is applauded as "a lamp of
guidance which leadeth the way". A principle with which it
must be associated - albeit an association as yet unappreciated
by theories of bureaucratic effectiveness - is that of
compassion. The presence of these two capacities allow
governments to "be able to fully acquaint themselves with
the condition of the people they govern".
Bahá'u'lláh encourages "free
association" between peoples, since familiarity between
people leads to "concord, which is conducive to order".
But this policy requires "tolerance and righteousness.
Bahá'u'lláh refers at length to the promotion of
"fellowship, kindliness and unity"and continually warns
of the need to "flee" from "anything from which
the odour of mischief can be detected." An additional aspect
of the principle of tolerance concerns treatment of minorities,
who live in all societies. The Bahá'í writings reject
insistence on uniformity, and encourage appreciation of
diversity.
Current principles of democratic
government contain some, but not all, elements of the Bahá'í
model. At a fundamental level, for instance, the Bahá'í
approach retains the principle of elected leadership while
abandoning current notions of electoral "campaigning",
and upholds the necessity for contestation of important issues
while denying the necessity for institutionalised opposition. In
every country where any of this people reside", is his
injunction, "they must at country with loyalty, honesty and
truthfulness".
Electoral Design
Ironically, the
‘representative democracy’ practised in many states
contains a number of elements that hinder rather than stimulate
democratic activity. The nomination of a limited number of
candidates, for instance, limits the choices placed before the
elector, and favours the interests of dominant personalities.
Furthermore, it hinders the ‘spirit of initiative’ in
society, and discourages inclinations toward individual
responsibility. Party systems also intervene between the
individual voter and public offices in determining policy options
and in controlling legislatures through, for example, controlling
the voting preferences of party members.
In majoritarian systems the ability
to restrict the number of candidates is related to the need to
obtain at least 50% of the vote by the winner. Rather than being
free to vote from the eligible population at large, the voter
must select one of the nominated candidates, whose approval
generally rests with a political party. Operation of majoritarian
systems, in the name of democracy, create permanent minorities,
whose interests can never gain the support of such a majority,
and whose interests are never therefore fully considered by the
elected representatives. [Lijphart, 1994 #771]
Campaigns associated with political
elections generate considerable conflict and violence. The
process whereby candidates seek support from the electorate by
publicising their policy platforms in order to will voter
approval has become increasing distorted and subject to abuse.
Problems include "negative" campaigns (to turn an
electorate against one’s opponents), the making of promises
in order to procure votes without the intention of keeping them,
and outright electoral corruption. Parties also now rely on
sophisticated polling to identify electoral sentiments so that
candidates can address them in order to win votes. Increasingly,
parties are seeking out "high profile" candidates from
the entertainment and sports industries, to attract public
attention.
The extreme cost of obtaining a
pre-eminent position, given that competing parties are seeking a
similar goal, has dramatically increased the cost of political
participation, and party financing has become a major ethical
issue. Without extensive funding, the political project becomes
impossible, but obtaining the required level of funding on a
regular basis is a major task, and has frequently led to the use
of illegal strategies.
In sum, with the elaboration of
electoral campaigns leaders are increasingly self-referring. In
other words, candidates propose themselves, and seek to minimise
the worth of their rivals. Much selection has occurred prior to
the ballot. Party campaigns are increasingly based on
sophisticated market research. The lack of integrity in
contemporary electoral systems has reduced the calibre of
candidates willing to participate. Party systems are divisive at
fundamental levels. This can be verified empirically, with
elections throughout the world increasingly being marred by
‘electoral violence’ between supporters of rival
parties and candidates. For all these reasons democracy has
become associated with partisanship, with cynicism, apathy and
corruption. It has to be raised above these results of the
"political theatre" produced by nominations,
candidature, electioneering and solicitation.
Moral courage has always been a
virtue of the leadership. With growth in social complexity and
the size of moral dilemmas, the capacity to lead with moral
clarity is all the more desirable. Abdu'l-Bahá extolled the
incorruptible leader schooled in both religious and worldly
knowledge and expanded on the ‘qualities of the spiritually
learned’ in his early work Secret of Divine Civilization.
New communicative capacities are
emerging to fill the need for ‘active citizenry’
formally provided by the processes of nominations and campaigns.
The absence of electoral campaigning in the Bahá'í process
eliminates problems of determining influences on candidates
through donations to campaign funds, for none exist. Also, the
problem of monitoring election expenses does not exist. Voters
are to take part in elections "consciously and
diligently" and not be aloof or assume an indifferent or
independent attitude.
The institutions of representative
democracy purport to represent 'the people'. Increasingly,
however, 'the people' are voicing their own opinions, and stand
in less need of representation. New technologies of communication
are allowing 'we the people' to mobilise, and to articulate their
views. This has lead to an increase in the range of views being
broadcast, and a decrease in the representative power of the
elected representatives. The task now is to be able to hear this
increased range of voices, and to do so in a manner that still
allows decisions to be made in a timely manner. The rapid rise of
the NGO movement also suggests that citizens desire to air their
views separately than through their elected representatives.
Many important issues are no longer
decided by national parliaments, and citizens are voicing their
concerns directly to governments other than their own. They have
become, in other words, active in a supra-national civil society.
The notion of 'the people' of a nation being in some way a united
collective has thus been shattered this century by the emergence
of extra voices, such as stateless peoples deprived of
recognition by international law. The inability of the nation
state system to recognise these peoples has been a source of
aggravation throughout the century.
Parliamentary
design
The separation of members of the
legislature into ‘the government’ and ‘the
opposition’ is another problematic feature of the
Westminster tradition. Whereas the intention of the division was
to ensure that the parliament, as the legislature, held the
executive accountable for its actions while at the same time
providing an alternative group of representatives to develop and
demonstrate their capacity to become an ‘alternative
government’, the ‘logic of the system’ has taken
its toll on theory. Abdu’l-Bahá stated what everyone knows:
Parliamentary procedure
should have for its object the attainment of the light of
truth upon questions presented and not furnish a
battleground for opposition and self-opinion. Antagonism
and contradiction are unfortunate and always destructive
to truth.
However, Westminster-derived
parliaments are regarded as arenas of political-point-scoring
rather than deliberation, and rarely provide an opportunity to
all members to consult ‘fully and frankly’ on issues of
public concern. The ‘Westminster divide’ also inhibits
the utilisation of all human resources in parliament by assigning
a substantial minority to ‘opposition’ status.
The division of powers that
features in most modern constitutions, while based on the
meritorious search for a check on absolute power, also promotes
conflicts within the constitutional offices, such as between a
head of executive and head of judiciary. While such conflicts are
often held to indicate that the ‘separation of powers’
is being tested and strengthened, it can also mean that the
interests of the masses are being neglected while members of the
elect and elite who are in public office idly dispute the
allocation of powers, functions, and privileges.
The 'separation of powers' doctrine
also introduces problems into the possible emergence of global
thinking of governance. In the western tradition, the separation
of powers as achieved over time in England, France and the United
States served the purpose of limiting the potential of any one
branch of government of exercising total power. It was
"check on governmental authority". The constitutional
doctrine of limiting state authority has come to occupy a
position of dogma. In the spread of constitutional ideas around
the world it is now being applied with less success in cultures
unfamiliar with the idea of the separability of authority. But
whereas this institutionalisation established a certain degree of
order in political life, it is not a universally valid construct,
and has led to levels of conflict that threaten the very fabric
of states and societies. The method of debate in most
contemporary parliaments does not constitute consultation in
pursuit of answers to complex problems but political discourse
having other objectives, particularly survival and conquest
within the system.
Parliamentary design and the
behaviour of political parties are linked. Law is associated with
power, and state law is viewed as a medium for marshalling the
resources of the state to conduct competition with all other
states. Political power has come to be shaped as a 'prize',
which, when won by the leading party, can be exercised in that
party's interests. A 'conservative party', for instance, may win
power and act on policies that favour the privileged, while
elsewhere a 'labor party' in government privileges the rights of
workers. Power is viewed as an opportunity to force change in
their direction of their desires. A very different view of law
sees it as a medium for setting standards.
Political parties emerged from the
desire of interest groups to act with a united voice in public
life and in parliament. But parties have come to dominate
legislatures in ways that were unimaginable a century ago. With
the decline of democratic consultation in parliaments, they
quickly became dissatisfied with mere representation in
parliament, and sought control of the executive. By late
twentieth century, the rationale of the "party machine"
has become capture of a majority in the legislature, and in all
associated spheres of public life.
The artificiality of
‘two-party systems’ is evident in the decline of effect
two party systems within democratic political systems. The rise
of third and fourth parties has been accommodated through changes
to proportional representation systems, which continue to place
the interests of parties above those of citizens. Party coherence
invariably depends on specific ideological and public policy
programs, whereas the complexity of public life is rendering
ideologies inadequate. No party is able to generate policies that
cater to the needs of all members of society, and the futility of
attempting to do so in advance of the party’s
participation in the legislature points to a further failing of
the present system: a pattern of parliamentary debate - and
political discourse in general - which ignores all the principles
of consultation and privileges coercive and aggressive styles of
debate intended to drown dissenting voices rather than to
entertain them.
Justice
In communities of disenchantment,
legality need not be coupled with justice. To create just laws a
system of governance must find some way of identifying and
co-opting just leaders. Just laws can only derive from close
understanding of the conditions of society. In some political
systems the elected leaders are known for their familiarity of
their 'electorates'. In others, however, their notoriety stems
from the fact of their ignorance of the circumstances of those
whom they purport to represent.
The purpose of law is to ensure the
wellbeing of all. Laws protect the rights and interests of
individuals and of the community as a whole, by outlining systems
of obligations and duties, and providing sanctions for when the
laws are transgressed. Laws also provide for the transfer of
wealth within a society, through systems of taxation and other
levies, for the purpose of redistribution of wealth among those
more and less need in society. When laws provide certainty, and
are based on principles of fairness, they can contribute to a
sense of wellbeing and harmony in society. A ‘justice’
system based on an adversarial mode of decision making is less a
quest for truth or justice than a quest for victory in the eyes
of the law.
The promotion of human rights
requires "fundamental redefinition of human
relationships" and movement in this direction has
"barely begun". Elements in the redefinition include
consultation (requiring standards far beyond current practices of
negotiation and compromise, and "culture of protest" -
associated with debate, propaganda, the adversarial method, and
paradigms of partisanship); far greater access to knowledge, and
to the opportunity to "apply it to the shaping of human
affairs".
The reformulation of consultative
practices includes recognition of the interrelationship between
justice, consultation, and the attainment of social and economic
development. Justice is best achieved when those in power are
motivated by concern for their own personal future condition.
Bahá'u'lláh exhorts governments to hold in highest regard the
principles of reward and punishment, these being the "two
pillars" which "traineth the world". When this
principle is recognised, public offices are best filled according
to "desert and merit". He stressed the need for
structures of government led by the learned and the wise, yet
responsive to the will of the masses.
Prosperity
A final challenge of contemporary
governance is the generation of social and economic prosperity.
This challenge requires more than ‘economic
development’, more than industrialisation and increased
consumption, and more than the spread of material benefits. It
refers to the attainment of the wellbeing of the people, through
their acquisition of material development in accordance with
their own plans, activities, and priorities. It refers, that is,
to the development of the peoples’ personalities in
accordance with their own volition and choice. In Bahá'í
perspective, justice on a world scale is not possible given the
existing nation-state system that has no intention of remedying
the disparities between the nations, and makes no effective
inroads, furthermore, into disparities that exist within nations.
Modernity
in transition: why change is inevitable
Transition toward more global and
more conflict-resolving governance has commenced and further
change is inevitable. Whether focused on reforms to electoral
systems, parliaments, courts, or the use of executive power, such
change is invariably motivated by the need to minimise conflict,
enhance legitimacy and effectiveness.
Traditional constitutional law has
been critical law because it has been limited in scope to
government structure, and has not opened itself to consideration
of international law and diplomacy. If constitutional law is to
concern itself with human dignity, and with freedom and welfare
it must now address global issues. Humanity faces the collective
task of navigating its way into the future, through fundamental
review of its existing frameworks of organisation and action. The
quest for global security is not a utopian one. The fact that
global peace has been threatened since the advent of the nuclear
age demonstrates that the need for security on a global level is
real. The Commission on Global Governance has issued a call for a
concept of global security broader than one focusing on military
issues alone. This may signal a move toward the notion of
‘collective global security’ advocated in the Bahá'í
Writings.
Late twentieth century economies
have become trapped in a weapons culture, in which defence
industries account for significant proportions of national
economies. The violent political instrument of warfare must be
abolished through international and national law. Development of
science and technology require critical review to ensure that the
rapid expansion in scientific capacity is used for the public
good, and not for evil purposes related to warfare and
destruction. Nation-states have a role, but their scale,
function, will, and capabilities are not equal to the challenges
of globalism. Hegel's concept of the "total state" no
longer holds. Some form of global federation is required, with
power distributed between and among levels of states.
There is growing recognition of the
complexity of human affairs, in which opposing agents of chaos
and order, of growth and decay, generate ‘open’
historical moments in which the destinies of whole peoples and
nations are determined. There is, also, growing recognition of
the ‘relationality’ that exists between all peoples,
and between peoples and the ecosystem as a whole. This is
sometimes described as a "unity in diversity" in which
each individual has a legitimate place in the functioning of the
whole. Reciprocal relations between ‘the people’ and
‘the state’ are often formulated and expressed in terms
of rights and responsibilities. Consciousness of the oneness of
humanity, if taught to the next generation, could protect it from
ethnic and religious conflict and encourage processes of
collaboration and conciliation. It could generate a desire to
base decisions on just principles and led to the development of
laws that are "universal in both character and
authority". Certainly, it would foster a more even spread of
access to knowledge of science and technology.
So-called commitment to both
'democracy' and 'economic development' presents a paradox: if so
much power is now in the hands of 'the people', why is it that
they have not been able to change their material conditions?
Partly, this shows flaws in the 'roles' played by the
'protagonists', governments have viewed the masses as recipients
of aid and of development programs, future models of democracy
will transfer powers of decision-making to the grass roots. How
is 'people power' effective? Through unity, co-operation, and
reciprocity. These processes are activated through consultation,
dialogue, and the acknowledgement of the legitimacy of each
other's aspirations. The inability of nation-states to grant
citizens democracy at the international level has contributed to
the emergence of civil society at both national and international
levels consisting of non-governmental activities and coverage of
public interest issues by a now world-encircling media.
Governance and Conflict
Resolution: keys to participation
Bahá'í Scriptures anticipate
"far-reaching changes in the governance of human affairs and
in the institutions created to carry it out." The systems of
‘government’ elaborated during the modern period have
laid the crude foundations for such changes, but have
"exhausted the possibilities" for progress within
modernity’s paradigm. Working beyond that paradigm the
outlines of an emerging practice of "governance" are
appearing. They embrace a greater consideration of the
aspirations and ideas of individuals while also recognising group
rights, foster consultation at all levels of decision-making, add
responsibilities to the rights enjoyed by both the individual and
the state, add mediation to the traditional forms of dispute
resolution, transcend national boundaries to consider the impact
of decisions on citizens and states beyond one’s own, and
accept accountability as a practice that benefits the public
interest.
Access to news of world affairs can
be empowering or debilitating because it provides the individual
actor with an impossibly large set of options for engagement. The
challenge is to resist options of alienation, passive consumption
and observation and the Bahá'í Community offers one such path
for individual or collaborative exploration of practical paths of
action. Although the activity of governance is often regarded as
beyond the reach of the individual, the extent to which
individual input is solicited by those in ‘power’ is
surprising. Furthermore, it is expanding. Importantly, for the
transition to more conflict-resolving approaches to governance,
it is not necessary that an entire system experience the system
uniformly. Within a particular country, for instance, receptivity
to conflict resolving values and practices within a particular
branch of government – whether the bureaucracy, the courts,
or a committee of parliament – can serve as an example to
other government agencies when and as they experience the need to
find more efficient and satisfactory approaches to decision
making and problem solving.