Law and Democracy in Latin America

«Classifying Regimes in Latin America

Comparing Mainwaring and O'Donnell

The authors we have read in this section of the course use slightly different definitions of democracy. Compare the two definitions below. Are they really different? Which one do you like better? Why? What does democracy mean to you?

Mainwaring et al definition:

We define a democracy as a regime
(1) that sponsors free and fair competitive elections for the legislature and executive;
(2) that allows for inclusive adult citizenship;
(3) that protects civil liberties and political rights; and
(4) in which the elected governments really govern and the military is under civilian control.

O'Donnell's definition:

Political democracy has four unique differentiating characteristics in relation to all other political types:
(1) fair and institutionalized elections, jointly with some surrounding "political freedoms";
(2) an inclusive and universalistic wager [what is this wager?]
(3) a legal system that enacts and backs-at least-the rights included in the definition of a democratic regime; and
(4) a legal system that prevents anyone from being de legibus solutus [that is, above the law]. The first two characteristics pertain to the regime, the last two to the state and its legal system.