How to avoid decay in democracy

Sir Geoffrey Palmer KC has just published his latest book ‘How to Save Democracy in Aotearoa New

Sir Geoffrey Palmer KC

Zealand’. He agreed to the publishing of a recent speech where he talked about threats to democracy.

Let me begin with a simple observation: democracy is not a destination – it’s a journey. And right now, that journey has hit some pretty serious potholes.

The Global Picture

Around the world, we’re witnessing “democratic backsliding.” The United States – once considered the beacon of democracy – has seen some unprecedented events, such as the attack on its Capitol. The United Kingdom grapples with the aftermath of Brexit and deep political divisions. Even in established European democracies, authoritarian movements are gaining ground.

People are not happy. A Cambridge University study in 2020 found that dissatisfaction with democracy has reached an all-time global high. Three-quarters of people on earth now live in countries where freedom is declining. That’s a sobering statistic.

But here‘s what’s interesting -  New Zealand has largely bucked this trend. The same Cambridge study noted that we’ve avoided the “trajectory of soaring public discontent” that’s plaguing other democracies. Why? Partly because we’re the only Anglo-Saxon democracy to adopt proportional representation through MMP

The New Zealand Challenge

Now, you might think: “Well, Geoffrey, if we’re doing so well, why do we need to save democracy here?”

The answer lies in what I learned during my journey through the New Zealand Government over many decades – from law professor to MP, from Minister of Justice to Prime Minister. I’ve seen how our system works from the inside, and I can tell you we have serious structural problems.

Our Executive (Cabinet) is too powerful. With 30 ministers out of 123 MPs – that is close to 25 percent of the total number of MPs – the Executive dominates Parliament far too easily. It’s become what I call “an executive paradise”, not a “democratic paradise”.

The Real Threats

But the challenges run deeper than just Cabinet size. Let me share what I see as the key threats to New Zealand democracy.

First, the decline of the media. How can we hold politicians accountable when quality journalism is disappearing?

Second, political party financing. We have serious gaps in our electoral laws. One expert described our disclosure regime as “so riddled with loopholes as to operate on a virtually voluntary basis.” Anyone who wants to keep their political donations secret can do so fairly easily and legally.

If we don’t act soon, New Zealand will follow the American model where financial elites contribute to elections to secure the policies they want. That’s already beginning to happen here.

Third, civic ignorance. My experience has convinced me that New Zealanders lack basic knowledge about how the government works, how policy is made, and what weight is given to public views before decisions are made. In a democracy, this is dangerous. People don’t know their rights, so they can’t defend them.

The Digital Revolution Challenge

Perhaps most concerning is how the digital revolution has transformed politics. Social media has changed how politics is conducted, how parties operate, and how we communicate politically.

The gatekeepers are gone. People can lock themselves into communication bubbles where they only hear views that confirm their existing beliefs. Conspiracy theories flourish. Facts become negotiable.

So How Do We Save Democracy?

Here are some key concrete steps we can take. 

Reform how we make laws. Currently bills are designed in secret within government and only become public when introduced into parliament. This isn’t transparency. Instead we should publish draft bills, allow full public consultation then introduce revised versions. The recent mess with the current Fast track Approvals Bill shows exactly why this approach is needed.

Strengthen parliamentary scrutiny. Parliament should sit longer and work harder. The New Zealand House of Representatives sits far less than the House of Commons. We need better scrutiny of government bills, with major legislation hearings televised from the Legislative Council Chamber.

Modernise citizen engagement. Ireland and Iceland have pioneered effective models for connecting parliament with public opinion on specific issues. We should explore these techniques to increase public participation in democracy.

Fix the Official Information Act. We were early adopters of freedom of information in 1982, but the system is now riddled with problems. We need a new Act and an independent information authority with binding decision-making power.

Educate for citizenship. We must teach more civics in schools. Despite improvements in teaching New Zealand history, there’s still resistance to teaching about how the government works because it means talking about politics. That resistance must end.

The Human Element

Why should we care?

I was fortunate to study under Hannah Arendt at the University of Chicago in 1966. She was a Jewish philosopher who fled Hitler’s Germany. Her message was that humans have the power of reason and because of this, each of us has a moral obligation to try to make the world a better place.

That became a key idea for me. Bad times seem to be afflicting the world again, as they were in the 1930s when she was writing.

A Personal Reflection

After more than four decades in and around government, I’ve always harboured the feeling that New Zealand could do better. That feeling has increased as the challenges threatening democracy have multiplied.  My book contains my latest attempt to show how we can improve our system. But no change will occur unless elected MPs are convinced change is required. It doesn’t matter which political parties comprise the government – poor decisions can be made, and democratic institutions can be weakened by any set of ministers.

The encouraging thing is that when ordinary people take a close interest in their civil institutions, those institutions improve. That’s my core message.

Conclusion

Democracy requires constant tending, like a garden. Neglect it, and weeds take over. The weeds of authoritarianism, corruption, and civic disengagement are already sprouting in many democracies worldwide.

But here in New Zealand we still have time to tend our democratic garden properly. We can be a vital and successful country but only if we’re willing to do that hard work of democratic renewal.

As one of the world’s oldest and most successful democracies, New Zealand should be careful to reinforce its faith in democracy and ensure that our democracy continues to be robust and inclusive.

The people should be in charge. And we need to have a commitment to the success and health of that democracy.

Blog Post written by: