Legitimacy of State and non-state actors

Question 1

States (sources of legitimacy)
Democracy

Answer 1

At a national level, democracy brings legitimacy to governments that wish to exercise control over a particular region. Leaders are democratically elected by popular vote and serve for limited periods.
i.e US Constitution limits presidents to two 4 year terms of office

Question 2

Democracies are enhanced by:

Answer 2

The ability of the electorate to participate in elections freely and without intimidation
The electorate being able to choose from a wide range of political parties and alternative governments
The extent of checks and balances on the government (i.e an independent judiciary and effective legislature).

Question 3

States (sources of legitimacy): Balance of Power

Answer 3

At a national level, states are often organized so that power is balanced amongst 3 key branches
Executive
Elected government which produces policy ideas and carries them out
Legislative
Scrutinizes proposals of the elected government, votes on whether these proposals should become law
Judiciary
Ensures that the laws proposed by the executive, and agreed by the legislature, are upheld fairly according to the rule of law.

Question 4

States (sources of legitimacy): Constitution

Answer 4

This clearly sets out and limits the powers of the state, and branches of government within the state. Powers that are set out in a constitution are fixed and cannot be changed without undergoing a lengthy process

Question 5

States (sources of legitimacy): The rule of law

Answer 5

Key source of legitimacy
Particularly important for a fair system of justice and human rights. The key principles are that the law is always applied equally to all citizens; that neither citizens nor the government are above the law; and that every citizen has the right to a fair and legitimate trial

Question 6

States (sources of legitimacy): International law

Answer 6

Sovereignty can be confirmed and legitimized in a number of ways in international law (often through judgements of the ICJ and UNSC)

Question 7

NGOs

Answer 7

Non-governmental organizations frequently offer an independent perspective on the legitimacy of government actions
Human Rights Watch and Amnesty International put pressure on governments to improve their codification and protection of human rights laws.
NGOs themselves gain legitimacy through both their actions – being seen to be fair and transparent – and also through the recognition and status that some IGOs give them, such as the UN and EU

Question 8

IGOs

Answer 8

International organizations gain legitimacy from the treaties and agreements on which they are founded
Treaty of Rome (European Union), United Nations Charter (United Nations).
IGOs usually have clear procedures and rules stating what their powers and areas of interest are. Some very powerful IGOs, like the European Union and its European Central Bank, can clash with nation states.
In such cases, deciding which side has the greater legitimacy (the state or IGO), can only be done by examining whether the IGO is acting within its powers and whether the state has complied fully with the rules and procedures of the IGOs
i.e IMF and European Central Bank imposing austerity measures on Greece (Eurozone member state), even though the Greek people had elected an anti-austerity government.

Question 9

Violent extremist groups

Answer 9

A frequent debate in global politics is whether violent extremist and terrorist groups are fighting a legitimate cause.
i.e whether one person’s terrorist is another person’s freedom fighter
Confidence building measure, like commitment to non-violence and to peaceful dispute resolution, may give violent extremist groups legitimacy to take part in negotiations
Other violent extremist groups may try to justify their violent actions by saying that they have no other option than violent struggle.
When civil and political rights are denied to opposition groups there is a risk that they may resort to violence or civil disobedience
The way in which IGOs or states refer to violent extremist groups (i.e terrorist groups or other names) influences their legitimacy

Question 10

How do NGOs and extremist groups gain legitimacy?

Answer 10

NGOs and extremist groups often gain legitimacy through the recognition of states or IGOs, whereas an IGO is usually legitimized by a treaty or formal international agreement