Global Networks and Local Values A Comparative Look at Germany and the United States (2001) / Chapter Skim
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4 Democracy and Political Institutions
4 Democracy and Political Institutions
Pages 74-105
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From page 74... ...
And it further presumes that the institutions act as agents for a collective entity with defined geographical and subject-matter jurisdiction. In this context, democracy comprises a specific set of publicly determined political institutions, in contrast to technocratic government or despotism.
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From page 75... ...
It is reasonable to expect, however, that political actors will try to influence Internet development—precisely because political institutions are affected by it. 2See for example, Computer Science and Telecommunications Board, National Research Council, 2002, Broadband: Bringing Home the Bits, in press.
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From page 76... ...
2000. "Conflict and Good Governance in 'Cyberspace,"' in Christoph Engel and Kenneth Keller, eds., Governance of Global Networks in the Light of Differing Local Values, Law and Economics of International Telecommunications, Vol.
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From page 77... ...
But they basically succeeded in the WIPO, and Congress ratified the outcome when it was presented to that body in the form of an international treaty. But international political arenas encompass more than public international law.
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From page 79... ...
4.2.3 Political Actors Political arenas are populated by political actors who may function in several arenas at the same timed and global networks have made such multiple opportunities increasingly possible. But the networks have also expanded the opportunities for new political actors.
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From page 80... ...
2000. "Conflict and Good Governance in 'Cyberspace," in Christoph Engel and Kenneth Keller, eds., Governance of Global Networks in the Light of Differing Local Values, Baden-Baden: Nomos, 237-264, 251.
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From page 82... ...
Until relatively recent times, the difference between political actors and the public in representative democracies has been fairly well understood and accepted. Political actors made decisions for He general public.
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From page 83... ...
First, networks enable NGOs to rapidly assemble large political constituencies that can bring significant pressure to bear on elected governments. And second, networks provide NGOs with rapid access to enormous amounts of relevant information, much of which was previously in the hands of governments alone.
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From page 85... ...
Easier access to information and easier access to political arenas thus reinforce each other. Global networks not only give the governed new opportunities to be heard; they also make it easier to switch political arenas (a phenomenon that Hirschman describes as "exit"~.~3 Political actors are mobile and can choose the political arena in which to press their case.
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From page 87... ...
This is likely to be true with the Internet as well, and indeed there are already signs of it. Driven by initiatives and directives such as the National Performance Review, the Government Performance and Results Act, and OMB Circular A-130 (concerning the management of federal information i4 See, for example, Robert Putnam, 2001, Bowling Alone: The Collapse and Revival of American Community, New York: Touchstone Books.
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From page 88... ...
Some have argued that if this direct communication with the public displaces or reduces the role of the traditional media, which often serve as watchdog, it may actually reduce government accountability. On the other hand, others argue that media mergers have so concentrated power, and commercial considerations have so limited in-depth reporting and analysis, that the print and broadcast media may themselves have become part of the problem.
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From page 89... ...
Instead, it ensures that autonomous social systems act to provide those goods. This changed emphasis can be expected to affect the political process and political culture as much as the regulatory framework, but it is an example of a value shift that may be salutary.
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From page 90... ...
Reopening a debate in an international context, where one nation's hardwon resolution is pitted against another's, is likely to prove difficult, because the representatives from each nation who may be charged with resolving the conflict are necessarily closely tied to the consensus-building process within their own national societies. Adding to the problems of international conflict-resolution that derive from the historical and cultural baggage of the interested partiesthat is, the nation-states are the shortcomings of international political institutions.
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From page 91... ...
Some Philosophical Remarks from an Individualist Point of View," in Christoph Engel and Kenneth H Keller, eds., Understanding the Impact of Global Networks on Local Social, Political and Cultural Values, 9-27, 14 and 21.
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From page 92... ...
4.2.7 Cognitive Frameworks, Normative Beliefs, and Integration Normative values allow individuals to give meaning to social reality. Moreover, society organizes itself around shared values.
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From page 93... ...
Not only are political conflicts easier to handle in a local setting, under the umbrella of well-established political structures, but the networks empower local constituencies by putting global voices and global information resources at their disposal. In such a case, global networks may well strengthen local values to the point that they challenge national values, an ironic reversal in the assumption usually made about the threat of global networks.
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From page 94... ...
94 GLOBAL NETWORKS AND LOCAL VALUES For example, Germany ordinarily makes little effort to provide freedom of access to government information, apart from information relating to environmental issues. The German political process affords very few opportunities for public referenda.
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All democracies balance individualism, hierarchy, and egalitarian beliefs in some fashion.24 Normally, political actors take these compromises as a given; indeed, they are embedded in political institutions that restrict the strategy space for political action. The stronger these institutions are, the more difficult it is to challenge the underlying compromises.
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From page 96... ...
However, in contrast to the reaction where issues such as pornography, hate speech, or religious tolerance are concerned,25 the different forms that democracy takes are not, in themselves, a source of conflict as long as there is little or no overlap in political constituencies. 25Grewlich (supra note 9)
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From page 97... ...
4.3 CONSTITUTIONAL POLICY Global networks have great potential to induce change. They can enhance the effectiveness of some political arenas to the detriment of others, give some political actors power and take it away from others, and 26Jacques Arlandis.
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From page 99... ...
This sets the stage for the debates, conflicts, and structural adjustments that are part of the evolution of what might be called "constitutional policy," to which we now turn our attention. 4.3.1 Accommodating Constitutional Policy to Global Networks Political actors are likely to try to encourage or block a particular effect of global networks on political structures, depending on their assessment of its consequences.
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From page 100... ...
The German Constitutional court, on the other hand, has greater leeway for adaptation, thus allowing it to act on the basis of broader considerations. For example, although German Basic Law requires that any governmental interference with freedom or property needs a justification, almost any reasonable policy is accepted as a justification, provided that the proposed restrictions can be shown to be necessary to achieve the desired end.
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From page 101... ...
It would be simplistic to view Internet policy as entirely a question of regulation or control aimed at preserving traditional political structures, given that global networks offer a new tool for achieving important and very broad political goals. Both the United States and Germany are committed to a political structure that can provide for a range of views to be heard and considered and, at the same time, encourage integration of those views and the people who hold them into a coherent society.
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From page 102... ...
2000. "Democracy and Global Communications," in Christoph Engel and Kenneth Keller, eds., Governance of Global Networks in the Light of Differing Local Values, 119-130.
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From page 103... ...
Such options could enhance participation in governance, increase the diversity of viewpoints in public debate, and place additional pressure on public officials to be responsive and accountable. The mere potential of global networks to redistribute political power forces decision makers to explain their actions more clearly and thoroughly.
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From page 104... ...
They provide a means for giving people with new ideas wide distribution and a means for people seeking ideas to find them. In doing so, they reshape political arenas, empower political actors, and reconfigure political processes.
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From page 105... ...
One may view this as a practical and acceptable alternative to constitutionalizing the world order,34 and one that is perhaps more important than ever before precisely because of the advent of global networks. But given the ad hoc nature of this globalizing process, the future is quite open-ended, in both descriptive and prescriptive terms.
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