VOA标准英语2012--African Democrats Look for Ways to Curb ‘Imperial Presidency’

African Democrats¹ Look for Ways to Curb² ‘Imperial Presidency³’

 

The “imperial presidency.” It’s the name given by many constitutional scholars and opposition⁴ politicians to unchecked powers that some say practically make the executive into a monarchy⁵.

Strong presidents are part of a long tradition in Africa, from powerful colonial governors to leaders linked to one-party rule. Scholars say nearly everyone is complicit: they note many founding fathers believed that only powerful leaders could foster national unity⁶ and development. Their authority was not to be questioned by public debate or by other branches of government.

Professor of law Kwasi Prempeh, who teaches at Seton Hall Law School in Newark, New Jersey⁷, said many African constitutions were amended⁸ in the 1990s to reflect multi-party democracy. But he said they left the issue of presidential power unanswered.

"What is executive power? It comes from constitutional tradition," he explained, "from a litany of laws going back to [the military era of] the 1960s [and even to the colonial era], controlling economy and security – all in legislation. We should step back and look at all laws carried over from one regime to the next [when we re-write our constitutions]. A lot of laws from the past have really cast a dark shadow on our new constitutions."

Those laws, adopted by parliaments and regimes in the past, give the president overwhelming powers over a broad range of areas, such as the police, internal security, the economy, land allocation, and state corporations. Prempeh said they’ve become entrenched⁹ over time, and have come to define the president’s powers.

Accumulated powers

Prempeh said other modes of unchecked behavior persist. Among them are presidential directives, which some call “government by press release.” In addition, legislatures and courts often rely on the president for their budgets and other resources. He notes that budgetary support from overseas donors¹⁰ often goes through the president’s finance ministers, not the parliament. As a result, both the legislature and the courts often fail to act as a form of “checks and balances” against presidential power.

Some legislatures have openly relinquished¹¹ power. Prempeh said in 2001, Ghana’s national assembly renewed a law from the 1960s giving the president the sole authority to establish government ministries¹² and departments. In many countries, the president appoints legislators to the cabinet and to other positions. Prempeh said in Zambia, former president Federick Chiluba appointed nearly half of all legislators to his administration, effectively buying off potential rivals within the party.

Some legislatures have even ceded¹³ to the president the power to name the speaker of parliament, ensuring the interference of the executive branch in the body’s day-to-day business. In many countries, the president, not the parliament, originates legislation, including the budget. It can be approved or rejected, but not amended by the legislature.

The president, sometimes with the support of his party’s majority in parliament, often has the power to name members of the judiciary, including constitutional courts. They often rule in favor of presidents who want to overturn term limits.

Redefining power

Scholars have various ideas for limiting the power of the executive.

Prempeh argues for a review of all existing laws that focus power in the presidency. Constitutional reforms would make clear the powers of the three branches of government and ensure funding for each does not depend on the president.

Prempeh also called for rules encouraging the democratization of political parties, which he says often revolve¹⁴ around the personalities¹⁵ funding them, rather than ideas. Today, he said, political parties lack internal democracy and can fire members who do not follow the party line. He said parties are therefore hijacked¹⁷ by presidents, who use their control of ‘slush funds’ to fund their parties.

"In Ghana," he explained, "there are provisions in constitution which says the internal governance of parties should conform to democratic principles. The general understanding [even though this has not been tested in court] is that one person cannot hijack¹⁶ the party and turn it into their personal estate.

"You are not going to have an undemocratic party producing democratic politicians. If the party is not democratic, does not hold primaries or allow anyone to contest for president, then that is the beginning of autocracy¹⁸."

Tom Ginsburg is professor of international law at the University of Chicago Law School and professor of political science. He and Professor Prempeh support the introduction of constitutional courts, like the one in South Africa. It can review government policy and mandate¹⁹ changes if the court finds violations²⁰ of the constitution.

The French connection

Ginsburg said that in francophone Africa, there are constitutional courts that can hear cases – and suggest amendments²¹ -- brought to them by the president, deputies and other political groups. Most of those cases judge the legality of laws passed by parliament, but only before they’ve been signed.

He said the courts are based on an idea introduced by a well-known French leader from the 1960s who stood for a strong executive power over the legislature.

"It’s really a mechanism²² for the political system to work out problems within legislation before it becomes law," said Ginsburg. "It was originally designed by former president Charles De Gaulle to check the French parliament and has fit well in political culture of francophone West Africa, in which strong men can use the constitutional court to prevent parliament from becoming too independent."

"France amended its constitutional court in 2008 to provide for individual complaints against laws after they have been promulgated²³, and that was a radical²⁴ change in France. But most of the former French colonies have not followed that. They have retained the old model. Maybe in coming decades they’ll change their system and that would allow further development of constitutional courts, which would be an independent check on government."

A new start

Prempeh said that new constitutions should rethink the idea of retaining wholesale²⁵ the judges from the past.

"You are delivering a state-of-the-art constitution to a holdover judiciary whose traditions and habits [have been formed in] an authoritarian²⁶ period," he said. "And then you expect that somehow overnight…the same [judges] will turn around and begin to come up with very liberal j[interpretations and] jurisprudence to back up the constitution."

He suggests a solution from Kenya, where a new constitution was adopted in 2010: sitting judges were put on leave and had to re-apply for their jobs.

And he said constitutional changes could provide parliament with a greater say. One idea would mandate that certain actions like appointments to independent constitutional offices be approved by a super-majority.

He said ruling parties are holding on to their parliamentary majorities with fewer numbers, thus forcing them to negotiate with opposition parties in order to govern. And that, said Prempeh, is an opening for enhanced democracy.

1 democrats   

n.民主主义者，民主人士( democrat的名词复数 )

参考例句：

• The Democrats held a pep rally on Capitol Hill yesterday. 民主党昨天在国会山召开了竞选誓师大会。
• The democrats organize a filibuster in the senate. 民主党党员组织了阻挠议事。 来自《简明英汉词典》

2 curb   

n.场外证券市场，场外交易；vt.制止，抑制

参考例句：

• I could not curb my anger.我按捺不住我的愤怒。
• You must curb your daughter when you are in church.你在教堂时必须管住你的女儿。

3 presidency   

n.总统(校长，总经理)的职位(任期)

参考例句：

• Roosevelt was elected four times to the presidency of the United States.罗斯福连续当选四届美国总统。
• Two candidates are emerging as contestants for the presidency.两位候选人最终成为总统职位竞争者。

4 opposition   

n.反对，敌对

参考例句：

• The party leader is facing opposition in his own backyard.该党领袖在自己的党內遇到了反对。
• The police tried to break down the prisoner's opposition.警察设法制住了那个囚犯的反抗。

5 monarchy   

n.君主，最高统治者；君主政体，君主国

参考例句：

• The monarchy in England plays an important role in British culture.英格兰的君主政体在英国文化中起重要作用。
• The power of the monarchy in Britain today is more symbolical than real.今日英国君主的权力多为象徵性的，无甚实际意义。

6 unity   

n.团结，联合，统一；和睦，协调

参考例句：

• When we speak of unity,we do not mean unprincipled peace.所谓团结，并非一团和气。
• We must strengthen our unity in the face of powerful enemies.大敌当前，我们必须加强团结。

7 jersey   

n.运动衫

参考例句：

• He wears a cotton jersey when he plays football.他穿运动衫踢足球。
• They were dressed alike in blue jersey and knickers.他们穿着一致，都是蓝色的运动衫和灯笼短裤。

8 Amended   

adj. 修正的 动词amend的过去式和过去分词

参考例句：

• He asked to see the amended version. 他要求看修订本。
• He amended his speech by making some additions and deletions. 他对讲稿作了些增删修改。

9 entrenched   

adj.确立的，不容易改的(风俗习惯)

参考例句：

• Television seems to be firmly entrenched as the number one medium for national advertising.电视看来要在全国广告媒介中牢固地占据头等位置。
• If the enemy dares to attack us in these entrenched positions,we will make short work of them.如果敌人胆敢进攻我们固守的阵地，我们就消灭他们。

10 donors   

n.捐赠者( donor的名词复数 )；献血者；捐血者；器官捐献者

参考例句：

• Please email us to be removed from our active list of blood donors. 假如你想把自己的名字从献血联系人名单中删去，请给我们发电子邮件。
• About half this amount comes from individual donors and bequests. 这笔钱大约有一半来自个人捐赠及遗赠。 来自《简明英汉词典》

11 relinquished   

交出，让给( relinquish的过去式和过去分词 )； 放弃

参考例句：

• She has relinquished the post to her cousin, Sir Edward. 她把职位让给了表弟爱德华爵士。
• The small dog relinquished his bone to the big dog. 小狗把它的骨头让给那只大狗。

12 ministries   

（政府的）部( ministry的名词复数 )； 神职； 牧师职位； 神职任期

参考例句：

• Local authorities must refer everything to the central ministries. 地方管理机构应请示中央主管部门。
• The number of Ministries has been pared down by a third. 部委的数量已经减少了1/3。

13 ceded   

v.让给，割让，放弃( cede的过去式 )

参考例句：

• Cuba was ceded by Spain to the US in 1898. 古巴在1898年被西班牙割让给美国。
• A third of the territory was ceded to France. 领土的三分之一割让给了法国。 来自《简明英汉词典》

14 revolve   

vi.(使)旋转；循环出现

参考例句：

• The planets revolve around the sun.行星绕着太阳运转。
• The wheels began to revolve slowly.车轮开始慢慢转动。

15 personalities   

n. 诽谤，（对某人容貌、性格等所进行的）人身攻击； 人身攻击；人格, 个性, 名人( personality的名词复数 )

参考例句：

• There seemed to be a degree of personalities in her remarks.她话里有些人身攻击的成分。
• Personalities are not in good taste in general conversation.在一般的谈话中诽谤他人是不高尚的。

16 hijack   

v.劫持，劫机，拦路抢劫

参考例句：

• Most countries refuse to give sanctuary to people who hijack aeroplanes.大多数国家拒绝对劫机者提供庇护。
• The hijack take place just after the plane take off.劫持是飞机刚起飞后发生的。

17 hijacked   

劫持( hijack的过去式和过去分词 )； 绑架； 拦路抢劫； 操纵（会议等，以推销自己的意图）

参考例句：

• The plane was hijacked by two armed men on a flight from London to Rome. 飞机在从伦敦飞往罗马途中遭到两名持械男子劫持。
• The plane was hijacked soon after it took off. 那架飞机起飞后不久被劫持了。

18 autocracy   

n.独裁政治，独裁政府

参考例句：

• The revolution caused the overthrow of the autocracy.这场革命导致了独裁政体的结束。
• Many poor countries are abandoning autocracy.很多贫穷国家都在放弃独裁统治。

19 mandate   

n.托管地；命令，指示

参考例句：

• The President had a clear mandate to end the war.总统得到明确的授权结束那场战争。
• The General Election gave him no such mandate.大选并未授予他这种权力。

20 violations   

违反( violation的名词复数 )； 冒犯； 违反（行为、事例）； 强奸

参考例句：

• This is one of the commonest traffic violations. 这是常见的违反交通规则之例。
• These violations of the code must cease forthwith. 这些违犯法规的行为必须立即停止。

21 amendments   

（法律、文件的）改动( amendment的名词复数 )； 修正案； 修改； （美国宪法的）修正案

参考例句：

• The committee does not adequately consult others when drafting amendments. 委员会在起草修正案时没有充分征求他人的意见。
• Please propose amendments and addenda to the first draft of the document. 请对这个文件的初稿提出修改和补充意见。

22 mechanism   

n.机械装置；机构，结构

参考例句：

• The bones and muscles are parts of the mechanism of the body.骨骼和肌肉是人体的组成部件。
• The mechanism of the machine is very complicated.这台机器的结构是非常复杂的。

23 promulgated   

v.宣扬（某事物）( promulgate的过去式和过去分词 )；传播；公布；颁布（法令、新法律等）

参考例句：

• Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达３０余项。 来自汉英非文学 - 白皮书
• The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。 来自辞典例句

24 radical   

n.激进份子，原子团，根号；adj.根本的，激进的，彻底的

参考例句：

• The patient got a radical cure in the hospital.病人在医院得到了根治。
• She is radical in her demands.她的要求十分偏激。

25 wholesale   

n.批发；adv.以批发方式；vt.批发，成批出售

参考例句：

• The retail dealer buys at wholesale and sells at retail.零售商批发购进货物，以零售价卖出。
• Such shoes usually wholesale for much less.这种鞋批发出售通常要便宜得多。

26 authoritarian   

n./adj.专制(的)，专制主义者，独裁主义者

参考例句：

• Foreign diplomats suspect him of authoritarian tendencies.各国外交官怀疑他有着独裁主义倾向。
• The authoritarian policy wasn't proved to be a success.独裁主义的政策证明并不成功。