Tuesday, January 11, 2022

SHORT STORIES ON MIXED GOVERNMENT AND CHECKS & BALANCES

AM | @agumack

"Checks and balances are our only security" — John Adams

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[1] Verfassungspod on Poland. There is a Verfassungspod on the showdown between Poland and the EU. Among the subjects of the podcast: der Verfassungskonflikt um Rechtsstaat und unabhängige Justiz.

[2] Strabo on the mixed constitution. In the same chapter where the moderation of Augustus and Tiberius is praised as conductive to peace and plenty, Strabo mentions the mixed regime of Rome after the expulsion of the Tarquins: πολιτείαν δὲ συνεστήσαντο μικτὴν ἔκ τε μοναρχίας καὶ ἀριστοκρατίας. Two comments: (a) only two elements are present in the mixture—democracy is not even considered (6.4.2); (b) as G.J. D. Aalders would say: all mixed regimes are moderate, but not all moderate regimes are mixed.

[3] Argentina: a rally to "kick out the Supreme Court". Cristina Kirchner supporters are organizing a rally to 'kick out' the Supreme Court of Justice. Scheduled for February 1, the rally has received the support, among many others, of the Argentine deputy minister of justice. The madness continues unabated.

[4] Novan Djokovic. In countries with a weak Verfassungskultur (like Argentina), many are celebrating N. Djokovic's "victory against the Australian government" on Twitter. This betrays a unconscious reduction of government functions to executive tasks. But the judiciary is also a branch of the government—only it is separated, and independent, from the executive. This simple idea is often difficult to grasp in Argentina.

[5] Alain. I started reading Alain's Propos sur les pouvoirs. Éléments d'éthique politique published in 1985 by Gallimard for the Folio collection. I found the reference in Pierre-Henri Tavoillot's Comment gouverner un peuple-roi ? Traité nouveau d'art politique (Paris: Odile Jacob, 2019) [see]. So far, I am agréablement surpris. I already found some very useful comments on power, the role of élites, and even mixed government. 


[6] Empirical evidence. François Bernier, Trenchard and Gordon, Montesquieu, Galiani and Necker, among many others, wrote about the link between balanced government and what we would nowadays call the cost of capital. Here's a much more recent gem: "... if Brazil had Denmark’s rule of law, its bond market as a share of GDP would be 43 percentage points higher". Not convinced yet? (*)

(*) John D. Burger & Francis E. Warnock: “Local Currency Bond Markets”, IMF Staff Papers, Vol. 53, 2006, p. 141.
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