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‘Dethroning Politics’: Liberalism, Constitutionalism and Democracy in the Thought of F. A. Hayek

Published online by Cambridge University Press:  27 January 2009

Richard Bellamy
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Extract

The relationship between liberalism and democracy is notoriously paradoxical. On the one hand, the justification for democratic procedures most commonly rests on liberal assumptions. Standard liberal arguments for democracy range from the importance of consent due to the moral primacy of the individual, to the role of critical argument and the diversity of opinion for the discovery of truth. On the other hand, liberal institutional arrangements, such as the separation of powers and the rule of law, have frequently been interpreted as constraints upon democracy, albeit necessary ones if democracy is not to undermine itself. The paradox arises from the fact that liberalism provides a philosophical basis for regarding democracy as the only valid source of law whilst apparently appealing to some higher law in order to limit democracy itself. This paradox is embodied in the constitutions of most liberal democratic states. For generally these documents contain provisions – such as a bill of rights guaranteeing the freedoms of speech, assembly and association – designed to secure popular participation in the democratic process, alongside others – such as rights not obviously intrinsic to democratic decision making and mechanisms for judicial review – which seek to limit the power of democratic assemblies.

Type
Articles
Information
British Journal of Political Science , Volume 24 , Issue 4 , October 1994 , pp. 419 - 441
Copyright
Copyright © Cambridge University Press 1994

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References

1 Commentators on the history of the liberal democratic tradition frequently divide it into two camps, those who praise the intrinsic virtues of the democratic process and those who favour it for purely instrumental reasons, for example, Macpherson, C. B., The Life and Times of Liberal Democracy (Oxford: Oxford University Press, 1977)Google Scholar, and Held, David, Models of Democracy (Cambridge: Polity Press, 1987).Google Scholar I cannot defend this thesis here, but against this view I believe that prior to the twentieth century liberal theories generally involve elements of both models, preferring the first view and seeking to guard against the second: Mill, J. S.'s Considerations on Representative Government (1861)Google Scholar is an obvious case in point. This shift from ethical to economic theories of liberal democracy forms a sub-theme of my Liberalism and Modern Society: An Historical Argument (Cambridge: Polity Press, 1992).Google Scholar

2 Gray, J., Hayek on Liberty, 2nd edn (Oxford: Blackwell, 1986), chap. 1.Google Scholar

3 Hayek, F. A., Rules and Order (London: Routledge, 1973), p. 5.Google Scholar

4 Hayek, , Rules and Order, chap. 2.Google Scholar

5 Hayek, , Rules and Order, p. 6.Google Scholar

6 Hayek, F. A., Studies in Philosophy, Politics and Economics (London: Routledge, 1967), pp. 113, 116–17, 168.Google Scholar

7 Hayek, , Rules and Order, pp. 72–3.Google Scholar

8 Hayek, F. A., The Mirage of Social Justice (London: Routledge, 1976), chaps 7 and 9.Google Scholar

9 Hayek, , Rules and Order, p. 2.Google Scholar

10 Hayek, F. A., The Constitution of Liberty (London: Routledge, 1960), p. 103.Google Scholar

11 Hayek, F. A., The Political Order of a Free People (London: Routledge, 1979), p. 5.Google Scholar

12 Hayek, , Mirage, p. 24; Rules and Order, p. 118.Google Scholar

13 Hayek, , Constitution, p. 106.Google Scholar

14 Hayek, , Political Order, p. 17.Google Scholar

15 Hayek, , Political Order, p. 10.Google Scholar

16 Hayek, , Political Order, p. 13.Google Scholar

17 Hayek, , Political Order, p. 32.Google Scholar

18 Hayek, , Political Order, p. 6.Google Scholar

19 Hayek, , Political Order, p. 23.Google Scholar

20 Hayek, , Political Order, p. 14.Google Scholar

21 Hayek, , Political Order, p. 16.Google Scholar

22 Hayek, , Political Order, p. 31.Google Scholar

23 Nozick, R., Anarchy, State and Utopia (Oxford: Blackwell, 1974).Google Scholar Note, however, that Nozick has since changed his mind, see his The Examined Life (New York: Simon & Schuster, 1989), chap. 25.Google Scholar

24 Hayek, , Political Order, chap. 14.Google Scholar

25 Hayek, , Political Order, p. 127Google Scholar; Hayek, , Constitution of Liberty, chap. 20.Google Scholar

26 Hayek, , Political Order, p. 38, chap. 17.Google Scholar

27 Hayek, , Political Order, pp. 132–3, 146, 149.Google Scholar

28 Hayek, , Political Order, pp. 119–20.Google Scholar

29 Hayek, , Political Order, p. 116.Google Scholar

30 Hayek, , Political Order, p. 113.Google Scholar

31 Hayek, , Political Order, pp. 117–19.Google Scholar

32 Hayek, , Political Order, p. 112.Google Scholar

33 Hayek, , Political Order, p. 139.Google Scholar

34 Hayek, F., The Road to Serfdom (London: Routledge, 1976, first published in 1944), pp. 62–3Google Scholar

35 Gray, , Hayek on Liberty, p. 69.Google Scholar

36 Hayek, , Political Order, chap. 18.Google Scholar

37 Hayek, , Political Order, p. 135.Google Scholar

38 My analysis of this thesis is indebted to the work of O'Neill, Onora, ‘The Most Extensive Liberty’, Proceedings of the Aristotelian Society, 80 (1979/1980), 45–59CrossRefGoogle Scholar, and Gray, John, Liberalisms: Essays in Political Philosophy (London: Routledge, 1989), chap. 9.Google Scholar

39 Hayek, , Studies, p. 162Google Scholar; Rules and Order, pp. 36–7.Google Scholar

40 See King, Desmond, The New Right: Politics, Markets and Citizenship (London: Methuen, 1987), pp. 97–100CrossRefGoogle Scholar for a brief discussion of this problem.

41 Hayek makes these points particularly clearly in Political Order, chap. 14, especially pp. 41–4.Google Scholar

42 Hayek, , Political Order, p. 152.Google Scholar

43 Hayek, , Mirage, p. 28.Google Scholar

44 See Kukathas, C., Hayek and Modern Liberalism (Oxford: Clarendon Press, 1989).CrossRefGoogle Scholar

45 Hayek, , Constitution, p. 398.Google Scholar

46 Hayek, , Constitution, pp. 153, 210.Google Scholar

47 Gray, , Hayek on Liberty, pp. 63–5.Google Scholar

48 For criticisms to this effect see Raz, J., The Authority of Law: Essays on Law and Morality (Oxford: Clarendon Press, 1983), pp. 210–32Google Scholar, and Hamowy, R., ‘Law and the Liberal Society: F. A. Hayek's Constitution of Liberty’, Journal of Libertarian Studies, 2 (1978), 287–97.Google Scholar

49 For example, Mackinnon, C., Feminism Unmodified: Discourses on Life and Law (Cambridge, Mass.: Harvard University Press, 1987), p. 44.Google Scholar

50 Gray, , Hayek on Liberty, pp. 59–61.Google Scholar

51 For example, Hayek, , Constitution, pp. 31, 44, 48, 259.Google Scholar

52 Kukathas, , Hayek, pp. 191–201.Google Scholar

53 Hayek, , Constitution, p. 41.Google Scholar

54 Rosen, Michael, Hegel's Dialectic and Its Criticism (Cambridge: Cambridge University Press, 1982), chap. 2.CrossRefGoogle Scholar

55 See, for example, the ‘Epilogue’ to Political Order, and his final book, The Fatal Conceit: The Errors of Socialism (Chicago: University of Chicago Press, 1989).Google Scholar

56 See, for example, Dahl, R., A Preface to Economic Democracy (Cambridge: Polity Press, 1985).Google Scholar

57 See Larmore, Charles, Patterns of Moral Complexity (Cambridge: Cambridge University Press, 1987), chap. 6.CrossRefGoogle Scholar

58 See Zolo, D., Democracy and Complexity (Cambridge: Polity Press, 1992)Google Scholar, whose analysis inspires these remarks.

59 Hayek, , Political Order, chap. 14.Google Scholar

60 See McLean, Iain, Public Choice (Oxford: Blackwell, 1987)Google Scholar, Part I, for an exposition of this theory.

61 Downs, A., An Economic Theory of Democracy (New York: Basic Books, 1957)Google Scholar, chap. 14. See Lewin, Leif, Self-Interest and Public Interest in Western Politics (Oxford: Oxford University Press, 1991)CrossRefGoogle Scholar, for a detailed empirical assessment of the public choice account of democratic politics, that reveals citizens, politicians and bureaucrats to be motivated by far broader considerations of the long-term common good than the theory allows.

62 Although this distinction runs through liberal thought, Hayek's analysis is indebted to Carl Schmitt, see Hayek, , Rules and Order, p. 71Google Scholar; Political Order, pp. 138, 194–5.Google Scholar I have criticized Schmitt's views in this respect in Bellamy, R. and Baehr, P., ‘Carl Schmitt and the Contradictions of Liberal Democracy’, European Journal of Political Research, 23 (1993), 163–85.CrossRefGoogle Scholar

63 See Mackie, J. L., Ethics: Inventing Right and Wrong (Harmondsworth, Midx.: Penguin, 1977)Google Scholar, chap. 4, and the discussion in Lukes, Steven, ‘Of Gods and Demons: Habermas and Practical Reason’, in Thompson, J. B. and Held, D., eds, Habermas: Critical Debates (Basingstoke, Hants: Macmillan, 1982), pp. 142–4Google Scholar, to which the following is indebted.

64 This point is well made by Albert Weale in his critique of Samuel Brittan's economic liberalism in ‘Can Homo Economicus Have a Political Theory?’, Political Studies, 35 (1990), 517–25.Google Scholar

65 Very similar thinking, of course, runs through Rawls, John's Political Liberalism (New York: Columbia University Press, 1993), p. 9.Google Scholar However, the idea of an ‘overlapping consensus’ on principles of political justice suggests that agreement is reached from within the respective comprehensive moral views of the various participants in the democratic process – an impression confirmed by Rawls's agreement (for example, at p. 36) with Joshua Cohen's interpretation of his argument in ‘Moral Pluralism and Political Consensus’, in Capp, D., Hampton, J. and Roemer, J. E., eds, The Idea of Democracy (Cambridge: Cambridge University Press, 1993), pp. 270–91.Google Scholar Moreover, whilst Rawls envisages the modus vivendi as giving way to a stable consensus that excludes divisive issues from the political agenda (p. 148), this schema regards acceptance of the principles of political decision making as being at least partly dependent on the continued existence of a fair division of power that makes compromise a virtue.

66 See Friedman, R. B., ‘On the Concept of Authority’Google Scholar, in Raz, J., ed., AuthorityGoogle Scholar, for a discussion of the political function of authority underlying this account.

67 This description of a modus vivendi liberalism largely follows Larmore, , Patterns of Moral Complexity, pp. 74–5.Google Scholar

68 Hayek, , Political Order, p. 93.Google Scholar

69 See Dahl, R., Dilemmas of Liberal Democracies (New Haven, Conn.: Yale University Press, 1982)Google Scholar, for a fuller discussion.

70 The issue of sovereignty was a consistent concern of the English pluralists J. N. Figgis, G. D. H. Cole and Harold Laski. Much of what I have to say about democratic liberalism is indebted to their ideas and the exposition and development of them by Hirst in Hirst, P. Q., ed., The Pluralist Theory of the State (London: Routledge, 1989).Google Scholar

71 For example, Hayek, , Rules and Order, p. 138.Google Scholar