Can transitional justice enhance democratic representation in countries recovering from authoritarian rule? We argue that lustration, the policy of revealing secret collaboration with the authoritarian regime, can prevent former authoritarian elites from extorting policy concessions from past collaborators who have become elected politicians. Absent lustration, former elites can threaten to reveal information about past collaboration unless politicians implement policies these elites desire. In this way, lustration laws enable politicians to avoid blackmail and become responsive to their constituents, improving the quality of representation. We show that whether lustration enhances representation depends on its severity and the extent to which dissidents- turned-politicians suffer if their skeletons come out. We also find that the potential to blackmail politicians increases as the ideological distance between authoritarian elites and politicians decreases. We test this theory with original data from the Global Transitional Justice Datast spanning 84 countries that transitioned to democracy since 1946.
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Transitional justice and authoritarian backsliding
Can a lack of transitional justice contribute to democratic backsliding? This paper uses the case of Poland to argue that selective enforcement of transitional justice can be linked to democratic erosion. In doing so, the paper adjudicates between two theories of democratic backsliding. The first, advanced by Milan Svolik, argues that elite polarization drives erosion: when political candidates are ideologically far apart, citizens who strongly prefer one over the other may turn a blind eye to antidemocratic transgressions by their preferred candidate to prevent the competing candidate from winning. The second theory, presented by Nalepa, Vanberg, and Ciopris (NVC), describes an equilibrium where voters are uncertain whether the candidate they are dealing with is a closet autocrat or an ideological incumbent, but reelect him into office regardless. This theory posits that a closet autocrat is reelected into office because his first period actions are identical to those of an ideological incumbent. I argue that judiciary reforms in Poland reflect exactly the kind of incumbent actions that are consistent both with the actions of an ideological incumbent and with the actions of a closet autocrat. Using survey data from Poland, I find evidence of elite polarization, offering support for the first theory, but also find ample evidence of polarization in the electorate and of a belief structure supportive of the equilibrium from NVC. I present Hungary’s experience with transitional justice and the rule of law as a shadow case to illustrate similar dynamics to those taking place in Poland.
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- Award ID(s):
- 1658170
- PAR ID:
- 10188224
- Date Published:
- Journal Name:
- Constitutional Political Economy
- ISSN:
- 1043-4062
- Format(s):
- Medium: X
- Sponsoring Org:
- National Science Foundation
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