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Post 30 Jun 2016, 8:58 am

What about Prop 8? The majority voted for something, and the was some obstruction on that legislative issue, as I recall.
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Post 30 Jun 2016, 9:16 am

fate
The majority isn't always right. And, given that we don't have a parliamentary system that causes elections to take place if the ruling party over-reaches, I'm comfortable with obstructionism.


The concept of democracy, and representative democracy, is that the will of the people is recognized, respected and acted upon. Obstruction by a minority that possesses legislative powers and tools outsized to its democratic support is a direct contradiction to the concept of democracy.
You may be comfortable with obstructionism on some issues. I'll bet its easy enough to find instances where obstructionist tactics have thwarted action that you support and where you have decried the inability of the majority to be able to act on their mandate...
Why is approval of Congress so low ? It doesn't do anything.

http://www.realclearpolitics.com/epolls ... l-903.html

bbauska
What about Prop 8? The majority voted for something, and the was some obstruction on that legislative issue, as I recall.


Proposition 8 was ultimately ruled unconstitutional by a federal court (on different grounds) in 2010, although the court decision did not go into effect until June 26, 2013, following the conclusion of proponents' appeals.

The constitution protects the rights of individuals from government enacting legislation that infringes upon their basic rights as enumerated in the Constitution.
Using the Courts to protect one's rights is not the same as using parliamentary procedures and arcane parliamentary rules to thwart legislation. Especially not legislation that is widely supported in the general populace... (the recent "issues" of gun control and Zika funding are examples from either side of the aisle.)
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Post 30 Jun 2016, 9:32 am

Hacker, some of the current political climate in the US is caused by unresponsive government. The nature of the US form of government is that the large number of "checks and balances" leads to complexity and can lead to obstructionism by an undeserving minority. Complexity allows the elite the levers to manage governance to their beenfit and obstructionism provides the ability to the well healed to buy the process. Or at least the stopping of the process.

I've offered you scholarly sources that make the case before. I think that in recognizing obstructionism as a genuine problem you go a ways towards recogizing many of what many scholars have
Here's one:
http://www.bu.edu/sthacker/files/2012/0 ... Better.pdf

Here's an excerpt from its summary... incase you don't want to botehr reading the whole 30 pages.
In an age of democratic transition, few questions have greater practical import than that of
constitutional engineering. Yet, relatively little scholarly attention has been devoted to the
impact of different types of constitutional design on policies and policy outcomes within
democratic societies. The evidence presented here suggests that, to the extent that the nature of
the executive makes a difference, parliamentary systems offer significant advantages over
presidential systems. In no case examined here does parliamentary rule seem to detract from
good governance. In most policy areas, particularly in the areas of economic and human
development, parliamentary systems are associated with superior governance.
It remains to explore the specific causal mechanisms by which the structure of the
executive might influence various policy outcomes. To this point, we have merely reviewed
some of the possibilities, as suggested by the voluminous literature on these questions. Plausible
reasons why parliamentarism might lead to better governance include: a) stronger political
parties, b) corporatist interest organization, c) tighter principal-agent relationships within the
various arms of the bureaucracy, d) centralized (national-level) electoral accountability, e) the
capacity for flexible policymaking, f) a more institutionalized political sphere, and g) decisive
leadership. The first section of the paper reviews each of these mechanisms. Is it possible to
arrive at a relatively concise and coherent general theory that ties together and explains the
findings of this (otherwise largely empirical) endeavor?
To this end, we put it forth, provisionally and broadly, that what distinguishes
parliamentarism from presidentialism, and what makes the former a more reliable vehicle for
good public policy, is its capacity to function as a coordination device. The state is often
conceptualized as a solution to the multiple coordination problems that emanate from society.
There are many variations on this theme—joint-decision traps, shirking, under providing of
public goods, overgrazing, the tragedy of the commons, common pool problems, collective
action problems, free rider problems, prisoner’s dilemmas, transaction-cost dilemmas, and so
forth. These are different ways of pointing out a central problem: quite often, when individuals
or groups pursue their own agendas the result is not what society as a whole would prefer.
Coordination problems thus involve a conflict between the part and the whole, between
individual or group rationality and collective rationality.
Arguably, parliamentarism offers better tools for resolving these sorts of difficulties than
presidentialism (within the framework of democracy). This is because parliamentarism
integrates a diversity of views, while providing greater incentives for actors to reach agreement.
Consider a stylized comparison of decisionmaking processes within the two systems. Both
feature a similar set of players: a legislature with majority and minority parties, committees and
separate leadership hierarchies, a cabinet, a chief executive (PM or president), and various
government agencies. Yet, the interaction of these players, and the role that each institution
assumes, tend to be quite different. In parliamentary systems, debate occurs in a highly
institutionalized fashion—within parties, within committees, within leadership groups, across
parties, within the cabinet, and between cabinet-level ministers and high-level civil service
appointees within the bureaucracy. In presidential systems, by contrast, most of these units have
greater independence, and those without independence (such as the cabinet) have very little
power. The players that matter have the capacity, and often the incentive, to say no, or to insist
upon side payments in exchange for support. While successful coordination can occur in this
highly fragmented institutional sphere, resulting agreements may impose higher transaction costs
than one would anticipate within a parliamentary system, where the incentives of the key actors
are generally to reach agreement. This, in turn, is a product of how political careers and electoral
incentives align within these various constitutional systems.
The same sort of contrast operates at “mass” levels. In a parliamentary system, voters are
encouraged to align their perspectives (interests, identity, ideals) with one of the national parties
because these are the political institutions that matter. In a presidential system, voters may
consider not only a candidate’s party membership but also her fealty to the district, along with
various personal characteristics and issue-specific positions that may or may not be consistent
with her party’s national strategy.
Of course, we realize that the actual workings of parliamentarism/presidentialism within
a polity depend upon many additional factors—sociological, economic, political, and
historical—exogenous to the theory. Parliamentarism within a proportional representation
electoral system works differently from parliamentarism in a first-past-the-post electoral system,
for example. However, these additional considerations can for the most part be subsumed under
the ceteris paribus caveat that accompanies all causal reasoning. Parliamentarism should be
more successful in coordinating diverse views and interests than presidentialism, all other things
being equal. This means that the persistent institutional conflicts that characterize political life in
all democracies—e.g., between legislature and executive, between backbenchers and party
leaders, among parties, among diverse agencies, between national and subnational governments,
among subnational governments, and among diverse constituencies—may be easier to solve in a
parliamentary system than in a presidential system. This, in turn, should help to account for the
higher quality of governance observed in parliamentary systems across many policy areas.
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Post 30 Jun 2016, 10:08 am

rickyp wrote:fate
The majority isn't always right. And, given that we don't have a parliamentary system that causes elections to take place if the ruling party over-reaches, I'm comfortable with obstructionism.


The concept of democracy, and representative democracy, is that the will of the people is recognized, respected and acted upon. Obstruction by a minority that possesses legislative powers and tools outsized to its democratic support is a direct contradiction to the concept of democracy.


I believe you are demonstrably in error. Ours is not "a tyranny of the majority."

You may be comfortable with obstructionism on some issues. I'll bet its easy enough to find instances where obstructionist tactics have thwarted action that you support and where you have decried the inability of the majority to be able to act on their mandate...
Why is approval of Congress so low ? It doesn't do anything.


Not true. It does plenty--just not what "we" want it to do. For example, it could solve the immigration problem in 10 minutes if it weren't for business interests on one side and political interests on the other.

http://www.realclearpolitics.com/epolls ... l-903.html

bbauska
What about Prop 8? The majority voted for something, and the was some obstruction on that legislative issue, as I recall.


Proposition 8 was ultimately ruled unconstitutional by a federal court (on different grounds) in 2010, although the court decision did not go into effect until June 26, 2013, following the conclusion of proponents' appeals.

The constitution protects the rights of individuals from government enacting legislation that infringes upon their basic rights as enumerated in the Constitution.
Using the Courts to protect one's rights is not the same as using parliamentary procedures and arcane parliamentary rules to thwart legislation. Especially not legislation that is widely supported in the general populace... (the recent "issues" of gun control and Zika funding are examples from either side of the aisle.)
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Post 01 Jul 2016, 8:10 am

Fate
-just not what "we" want it to do.


we being your point of view.

The fundamental difference that has made the US system of governance problematic is that with Newt Gingrinch the notion that the majority should be allowed to govern was abandoned after over 200 years where most issues could be resolved. McConnel and the GOP in congress cemented that attitude into place with their obstruction of the Obama administration.
When you say this ...

The majority isn't always right. And, given that we don't have a parliamentary system that causes elections to take place if the ruling party over-reaches, I'm comfortable with obstructionism


You fail to recognize that the parliamentary system triggers an election when a party loses a vote in the House. That never happpens (with perhaps a rare exception here or there) when a party has a majority of elected representatives.
Because, if they are the majority they are not "overreaching" when they enact legislation - as long as the legislation does not create unconstitutional law.
What you are comfortable with, is the abrogation of the democratic expression of the majority of people . And what you are unwilling to accept is the right of the majority to govern as they desire.

Hacker, the problem with the US system is that it allows people with Fates self righteous attitude to stop governance. As it has for a couple of decades (Newt Gingrinch being the architect of much of the obstructionist tactics) but particularly since you elected a black President.
There are other periods in American history where this ocurred for short periods, or here certain issues (slavery) could not be resolved , but the current state of impasse is remarkable. And is far less likely (but not impossible) to occur in a simpler system.
See "Merrick Garland".
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Post 01 Jul 2016, 9:08 am

rickyp wrote:Fate
-just not what "we" want it to do.


we being your point of view.


Nope. You're dishonestly editing me. How unusual! I immediately wrote:

For example, it could solve the immigration problem in 10 minutes if it weren't for business interests on one side and political interests on the other.


That's not "my" point of view--it's what Americans across the board want. They don't want mass deportation, but they want a genuine sense that our border is under control.

As I said, I sat down with a liberal and solved immigration in 3 minutes. It's not difficult.

The majority isn't always right. And, given that we don't have a parliamentary system that causes elections to take place if the ruling party over-reaches, I'm comfortable with obstructionism


You fail to recognize that the parliamentary system triggers an election when a party loses a vote in the House. That never happpens (with perhaps a rare exception here or there) when a party has a majority of elected representatives.
Because, if they are the majority they are not "overreaching" when they enact legislation - as long as the legislation does not create unconstitutional law.
What you are comfortable with, is the abrogation of the democratic expression of the majority of people . And what you are unwilling to accept is the right of the majority to govern as they desire.


Nope. You're just wrong about the nature of the US Constitution. It was never designed to permit mob rule or the tyranny of the majority.

Hacker, the problem with the US system is that it allows people with Fates self righteous attitude to stop governance.


No, the problem with our system is that it permits even dishonest, ill-informed Canadians to speak their (empty) minds.

As it has for a couple of decades (Newt Gingrinch being the architect of much of the obstructionist tactics) but particularly since you elected a black President.


Yes, the same nation that elected Obama is racist because it subsequently put the GOP in control of the House and the Senate.

More "brilliant" analysis.

There are other periods in American history where this ocurred for short periods, or here certain issues (slavery) could not be resolved , but the current state of impasse is remarkable. And is far less likely (but not impossible) to occur in a simpler system.
See "Merrick Garland".


You're a tool. See any of your posts.
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Post 01 Jul 2016, 12:19 pm

And I suppose, Ricky, if it was a Democratic majority frustrating the government of George W Bush you'd be just fine with it. (So much for you non-Americans on redscape being "mpartial observers" from abroad!)

And you dodged my question Ricky. You stated:

There are plenty of governments in the world who operate in a parliamentary system with far fewer checks and balances.


And I said, really, which ones? Besides, of course, the People's Paradise of Canada.

And while it's always helpful, I admit, to have other sources to support one's argument, I asked for YOUR argument against checks & balances in a democratic government. Not someone else's. I am asking YOU to support your claim with your own words, not a professor you found who agrees with you. If you went to university, you should have learned by now the difference between a primary and a secondary source.

So answer my question, please.
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Post 02 Jul 2016, 6:57 am

Still no answer from Ricky, then? I'll wait a little before making a detailed reply. I am assuming he's lost interest (or the ability to answer).
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Post 02 Jul 2016, 7:07 am

And also before Ricky answers, I must ask him another question:

is one of those apparently more successful democracies with less checks and balances than the United States, the Commonwealth of Australia?
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Post 02 Jul 2016, 8:28 am

hacker
And I said, really, which ones?

Because you are incapable of going to google ot wikipedia? There are some 70+ palrliamentary democracies of various constructs and with varying degrees of success.
https://en.wikipedia.org/wiki/Parliamentary_system

hacker
And while it's always helpful, I admit, to have other sources to support one's argument,
4
Without supporting data, research, or expert insight all you are doing is engaging in mental masturbation. My opinions are supported by the sources I offered you. That they are the product of minds far better educated, and informed than either of us is the major reason I think you should attempt to engage with their contents.

Fate
That's not "my" point of view--it's what Americans across the board want.

And yet, for decades it hasn't been solved. At what point do you not credit the complexity and self negating nature of the legisltive and governance structure as a major contribution to the impasse? You can always blame the people using the system, because its always easy to demonize the opposition. But if the system is simply being the used the way it was designed, then maybe the design of the system needs to be considered as a contributory factor ?

Hacker
So answer my question, please.

Now I assume from your inquiry that you were looking to use one of the examples of a parliamentary democracy to say "Hey... here's one that isn't working so well!"
And you've chosen Australia as your example? They've just had an election tha hasn't delivered a majority. Minority government can be difficult if there is no compromise. And that leads to another quick election until things do resolve themselves. Not years of gridlock.
I'll concede that there is potential for parliamentary systems to gridlock as well. However, those tend to be in nations with proportional representation and dozens of political parties.
And even then the way out is more easily brokered because there are more alternatives for compromise ( through the numerous parties) than when you have a dupoploy where compromise has been largely abandoned.
And, you'll please note, that my arguement, in my words was this.

some of the current political climate in the US is caused by unresponsive government. The nature of the US form of government is that the large number of "checks and balances" leads to complexity and can lead to obstructionism by an undeserving minority. Complexity allows the elite the levers to manage governance to their benefit and obstructionism provides the ability to the well healed to buy the process. Or at least the stopping of the process.


If you are capable of offering a cogent response that addresses this, I'd like to hear it.
Fate's bleatings merely recall situations (immigration, guns) which demonstrate exactly this designed rigidity and therefore inevitable gridlock in the system, but isn't able to recognize that he's buttressng my arguement.

And maybe you could read a little and bring smething new to the debate than snide and shallow nonsequitars. . Fate already has that market cornered.
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Post 02 Jul 2016, 8:58 am

Ricky: forgive me if I sounded snide; I was merely reacting to some of the snideness that has been blown about on this, and many other, threads on Redscape. Put it this way: Fate doesn't have the market cornered himself, and the Right Honourable James Hacker--who admits he's occasionally fallen victim to the temptation to do so himself--is not in the case speaking in the first person.

Now, about SOURCES: there is a difference between a PRIMARY and a SECONDARY source. You always seem to pull out of your arse the latter, particularly ones that are nothing more than rehashings of your own opinion. I am glad Prof. Somebody of the U. of Somewhere agrees with you, but I want to see some original information out of you from time to time. Do you not understand the difference between the two? That is, the difference between a PRIMARY and a SECONDARY source? The nature of this thread is such that most secondary sources will simply be rehashings of our own views. Do you want to read--and I'm just spitballing, here--a bunch of stuff from a right-wing, pro-Republican magazine quoted by or linked by Dr Fate that "proves" his point of view? Now do you understand what I am talking about?

Because, I am CERTAINLY not asking for mental masturbation. I have no need for it, as my home computer has enough to satisfy Mr. Hacker's needs. Oops, did I say that? My apologies for being graphic as well as "snide".

I understand that there are many--very many--parliamentary systems prevalent among the world's independent nation states. But I should have been more specific. Therefore, here is a more specific question I'd like you to answer clearly:

In your (RickyP's) opinion: can you please provide several shining examples of parliamentary democracies that you think are very successful? Why do YOU think, based on the information at our disposal, that these democracies are less obstructive than the U.S. government? And how so?

Because there are probably more than just 70 articles linked to those countries on Wikipedia, and I doubt (just guessing really) that they each contain a section on "why [COUNTRY IN QUESTION] is better than the US". Therefore, this will require a little of your own opinion. That does not mean to make shit up, as you seem to think I mean when I say "your own opinion", feel free to quote PRIMARY SOURCES, as CONCISE AS POSSIBLE, that support the view of the country in question.

And for form's sake, can you limit it to FIVE shining examples? Besides Canada?

Let me know if that was clear enough. I was awake all last night so maybe I'm not being entirely clear right now but I'm at least making the effort.
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Post 02 Jul 2016, 9:34 am

rickyp wrote:Fate
That's not "my" point of view--it's what Americans across the board want.

And yet, for decades it hasn't been solved. At what point do you not credit the complexity and self negating nature of the legisltive and governance structure as a major contribution to the impasse? You can always blame the people using the system, because its always easy to demonize the opposition. But if the system is simply being the used the way it was designed, then maybe the design of the system needs to be considered as a contributory factor ?


Again, so what? If that is what we want, and we voted for it, put it in your Canadian pipe and smoke it.

You pretend to value the rights of the majority, but I can give you many examples of situations that you scream about with which the majority of voters disagreed. Was it "democracy" when Obamacare passed over the disapproval of most Americans?

You can't have it both ways: either the will of the majority is absolute or it is not.

Fate's bleatings merely recall situations (immigration, guns) which demonstrate exactly this designed rigidity and therefore inevitable gridlock in the system, but isn't able to recognize that he's buttressng (sic) my arguement. (sic)


God Himself could not buttress your arguments.

And maybe you could read a little and bring smething (sic) new to the debate than snide and shallow nonsequitars. . Fate already has that market cornered (sic).


And you have the market cornered on bad spelling and incoherence.

Btw, well done. I don't know when the last time someone took a cheap shot at me while addressing someone else. Very nice.
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Post 02 Jul 2016, 10:15 am

Many things in government (and in life in general) are double-edged swords.

Checks and balances are a double-edged sword. You need them to prevent a tyranny of the majority, but if there is too much, then stuff grinds to a halt. You call that obstruction. You're probably right about that. But I think where you and I disagree is that you seem to think having even a moderate amount of checks and balances in a system is "too much" and that a parliamentary system doesn't have much at all, and, relying more purely on the will of the people, executes it more accurately.

Here is why I don't agree: parliamentary systems DO have checks & balances, they just flow in a different direction, or they are placed differently. That's different than saying there are "less" of them. If that were true, (your belief that there are very few checks in a parliamentary system) then Justin Trudeau would be more like Nuri al Maliki, as prime ministers come. (Remember him?)

Also, that it automatically equals unnecessary "obstruction". It doesn't. Many state constitutions in the US, which were written later, addressed some problems that the US (federal) constitution of 1787 didn't foresee, and actually deal with them better. Some states are more responsive to popular will, yet they still have the same built in checks & balances, using the same presidential-type system, as do their federal parent.

I also don't agree with you that the will of the majority is necessary some sort of benevolent thing that needs no checks on it. If that were the case there would be no need for bills/declarations of rights. They're essentially declarations that the government, popularly elected or not, is not allowed to do a certain thing. Ex, where it says CONGRESS shall make no law [yadda, yadda]. It doesn't say "A dictator shall not come along and decree... [etc.]" The founding fathers of America were right that absolute power in a legislature, even when popularly elected, is dangerous to freedom.

If you seriously believe that a leader will be benevolent and responsive to the public opinion just because he was popularly-elected by a system that accurately represented the popular will at the time of his or her election, you don't understand the nature of power. Or Democracy for that matter.

Does the US system have flaws that need some fixins'? Hell yes. I already agreed with you that I agreed with you on that. HOWEVER, checks and balances don't need to be thrown out the window to address those flaws. And just because a system has less checks and balances, doesn't mean that it will be automatically more responsive to the people's will, more beneficial to the people, or not quickly corruptible into dictatorship.

Quite frankly, Ricky, I think that, while you know an impressive amount of "facts" on the United States and its political system, you've been listening to the wrong people, and also drawing some very very wrong conclusions.

Because after all, are we really talking about the Canadian Government here? Or the American? If we are talking about the American government, which it seems we are---your theory that the excessive checks/balances causes all our problems seems to support we're talking more about the US government and its problems---then what PERSONAL EXPERIENCE do you have within it?

As far as I know, between you and me, I'm the only one who has had experience working for state and local legislators---one of whom is a lobbyist to the United States Congress (no, not a Republican, and no, not for big oil, and yes, he's an Obama fan and a Democrat).

So if you're going to start talking about "the US Government is f***** up because...." I'm not saying you are necessarily wrong, but I am saying that you need to take into account that you don't have personal experience within it, and that might have something to do with the fact that you're looking at the United States through Canadian eyes.
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Post 03 Jul 2016, 8:42 am

hacker
Checks and balances are a double-edged sword. You need them to prevent a tyranny of the majority, but if there is too much, then stuff grinds to a halt. You call that obstruction.


Hacker
In our many discussions on here, one of you in particular has observed (more times than necessary) the "obstructionism" prevalent within the American Government; particularly, within the Congress, or between the branches of government.


Just a reminder that you are the guy who said obstructionism is prevalent this time. I ageed with you.
Now you and Fate are arguing that obstructionism is necessary. Although Fate, with his example of gridlock on immigration, also complains about it at the same time...


hacker
But I think where you and I disagree is that you seem to think having even a moderate amount of checks and balances in a system is "too much" and that a parliamentary system doesn't have much at all, and, relying more purely on the will of the people, executes it more accurately
.
I don't know why you say I "seem to think". You could quote me...
where I said ...
Few checks. But effective checks and balances.
The government of a parliamentary democracy, with a majority in the house, has very few checks on its power.... except the constitution and the need to prepare for the next election. And yet things get done.
Within the legislative process there are also some checks and influences at committee levels and constituents and stake holders have the ability to affect the agenda of the government through lobbying at the various regulatory bodies anddirectly... . But should a government be determined to take a course of action, they can. And they have the 4 or 5 year mandate before an election in which to make their policy work.
The difference Hacker, is that in the US system two majorities (one actually a super majority) and the executive branch are required for a similarly effective period of governance.
And that would only last for two years before an electoral challenge.
etc. etc.

Look, if the vast majority of people in the US want people on the non fly list to be banned from gun ownership but their elected representatives will not take that action...
Or where a budget cannot be passed in Congress for years...
Or where NO action is taken on immigration for years (Fates "primary" contribution of an example of systemic gridlock)
(These pass your bar for primary sources?)
Thats a system that is non-responsive and sclerotic. The "secondary sources I offered provide hundreds and hundreds of examples of a similar nature, if you care to examine any of them.)
The solution is to eliminate some of the checks and balances or to gain all three branches of govenrment with majorities. This is a very tall bar in a gerrymandered congressional districting and with the feature of the undemocratic Senate. (unequal popular representation being the undemocratic part...and I understand the federal system. I just recognize it isn't democratic at the level of equal representation of citizens in the process.)
Until Gingrinch, the myriad ways to gridlock the system were routinely used by the minority. Now they are... You can blame the people who make use of the tools of the sytem, but you can also recognize that the system gives them the tools.
Or you could be like Fate and decide that when you are in the minority the system works fine when it gums up the works. But is a scourge and anti-democratic when he is in the majority.
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Post 03 Jul 2016, 8:56 am

hacker
In your (RickyP's) opinion: can you please provide several shining examples of parliamentary democracies that you think are very successful? Why do YOU think, based on the information at our disposal, that these democracies are less obstructive than the U.S. government? And how so?
a) stronger political parties,
b) corporatist interest organization,
c) tighter principal-agent relationships within the
various arms of the bureaucracy,
d) centralized (national-level) electoral accountability,
e) the capacity for flexible policymaking,
f) a more institutionalized political sphere, and
g) decisive leadership
Examples? Switzerland. Germany. Denmark. Norway. Sweden. The Netherlands. Slovakia. The Czech Republic. Canada. Luxembourg. Costa Rica. New Zealand.
People in these nations seem to be happy with government. Even when they don't agree with the current government policies. I think thats because the structure provides the seven advanatges I list above.