Has the division of decision-making to create checks and balances worked?
Not surprisingly, it has proved impossible in practice to separate these functions and procedures
completely. However, it established norms for, and disciplined, decision-making processes to a large
extent. The American constitutional structure thus still arguably stands as a model for preventing the
abuse of power.
11
Its design acknowledges that decision processes should fit the nature of the problem,
and that checks and balances are always needed, as unchecked power will eventually be abused. It
also institutionalized the concept of ‘due process’. Due process does not just mean a ‘fair go’. It has
both a substantive and a procedural dimension. This means that twisting rules legally to obtain unfair
results is not acceptable. But the division of powers and creation of different types of decision-making
systems amount primarily to conceptual and procedural
restraints
on bad behaviour. Restraints do
not encourage good behaviour. Moreover, they do little to redress past (legal or illegal) exercises
of power that have created historic and social inequities. They also do little to address the lack of
accountability for government inaction in the face of serious ecological problems. In other words,
government systems create a framework through which power and resources are distributed, but do
not stimulate positive actions in themselves. Government, and its component decision structures
(eg judicial, executive and legislative), should be understood as a resource-allocation and conflict-
resolution system writ large. Hence, like environmental management, planning and design, then,
our larger-scale frameworks of governance need ecological modernization.
12
Why haven’t checks and balances prevented an imbalance of power?
The checks and balances did not prevent the emergence of large bureaucracies or corporations that
combine de facto legislative, judicial and administrative powers. The mission of large government
bureaucracies (eg the US Bureau of Land Management) was to exploit environmental resources.
Given the dominant belief that industrial growth was the purpose of human existence, this made
sense. In a changing context, constitutional precepts, laws and policymaking procedures (initially
intended to ensure social justice and resolve conflicts) can gradually evolve into systems that allow
unequal access to, and eventual control of, natural resource-allocation decisions. In all levels of
decision-making, institutional and intellectual biases in favour of the powerful develop, creating
vicious circles. If the underlying structure allows undue political influence, ad hoc environmental
laws cannot overcome a tendency towards the division, consumption and destruction of the public
estate. So we need to ‘design in’ mechanisms that ensure environmental decision-making prevents the
alienation of the means of survival to special (corporate or government) interests. This is not to say
that centralized bureaucratic and/or corporate structures are problems in themselves, necessarily. But
whether natural resources are controlled by bureaucracies, corporations or corporatist combinations,
constant vigilance and structural safeguards are required.
224
Positive Development
Do'stlaringiz bilan baham: |