Let citizen juries decide Canada’s election rules

My article in response to Justin Trudeau (Canada’s prime minister) breaking his electoral reform promise on February 1, and more generally about the absurdity of politicians deciding the rules they are elected under. (Trudeau, before and after the 2015 Canadian election repeatedly promised to make it the last one held under first-past-the-post.)

It is neither democratic nor desirable that the prime minister and the House of Commons keep deciding Canada’s election rules. There is a far better alternative.

In Classical Athens, the birthplace of Western democracy, much of the decision-making was done by juries chosen from the citizens by lottery. A modern version of Athenian juries could be used to decide election rules today.

Politicians should not decide the rules they are elected under because fair and democratic decision-making requires that those who decide do not have a conflict of interest. Election rules are far too important to our democracy to be compromised by the strong self-interest of politicians in rules that favour themselves.
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McCormick: The new ochlophobia? Populism, majority rule and prospects for democratic republicanism

Contributors to this blog who argue the case for full-mandate, voluntarist sortition will find support for their arguments in a forthcoming book chapter by John P. McCormick, author of Machiavellian Democracy. According to McCormick, electoral representation involves rule (primarily) by the rich, whereas democracy by lot is rule by the poor — a perspective that he derives from Aristotle, mediated by Machiavelli, Montesquieu [and Marx]:

The hoplites of ancient Greece and the plebeians of Republican Rome established institutions that granted ultimate legislative authority to the majority qua the poor . . . Athenian democracy and the Roman Republic exhibited primary institutions intended to insure that the poor would rule over or share rule equitably with the rich. (pp. 2-3)

Given this dichotomy it matters little which individuals are selected by preference election or sortition, as the two mechanisms will privilege (respectively) economic elites and the poor, and the resulting political decisions will (presumably) reflect the preferences of these two socio-economic groups.
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Gruen: A pathway to sortition

Nicholas Gruen, an Australian economist, consultant, commentator and former adviser to the Australian federal government, has two lengthy articles in The Mandarin advocating introducing a sortition-based body into the Australian political system. Gruen’s proposal is to create an allotted body with 6 year terms and some measure of legislative veto powers.

It is unfortunate that as a background for his discussion, Gruen offers the familiar story of the failures of the electoral system stemming from the elite’s pandering to the voters’ uninformed whims. This explanation seems to never lose its appeal despite clashing both with the fact that in practice policy outcomes in electoral systems overwhelmingly serve the elites and with the truism that those in power tend to serve their own interests.

The articles are of the interest for being another step in sortition’s journey into mainstream politics, and in particular for taking a step beyond the ad-hoc issue panel setup that is by now familiar in Australia. But beyond those points, the articles are interesting for Gruen’s suggestion for how sortition can be promoted:

I’d like to go hunting for the funds – from philanthropists and from ordinary concerned folk like you and me via crowdfunding – to simply establish a people’s chamber outside our official constitutional institutions.
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Explaining non-participation in deliberative mini-publics

One of the issues dividing commentators on this blog is whether participation in sortition-based assemblies should be mandatory or voluntary — see, for example. Those of us advocating legislative juries based on Athenian nomothetic panels advocate quasi-mandatory participation in order to ensure accurate descriptive representativity. Those, however, who argue for full in-depth participatory deliberation claim that mandatory participation would be ‘disastrous’, as it is hard to see how a a ‘full-charge’ legislature — essentially like existing elected legislatures but with members selected by lot — could function with (in effect) conscripted members.

A paper by Vincent Jacquet in the European Journal of Political Research, examines why it is that the overwhelming majority of randomly-selected persons refuse the invitation to participate in deliberative minipublics. Given that the descriptive representativity of the minipublic (vis-a-vis the target population) is one of the principal rationales for sortition, acceptance rates are extremely poor, ranging from 1% (America Speaks) through 3% (Belgium), 5.7% (Ontario), 6.2% (Netherlands), 7.4% (British Columbia) to 20% in Deliberative Polls. As a result there is a danger that voluntary participation risks the ‘over-representation of better educated and politically active individuals’ as ‘the [overwhelming] majority of the recruited population refuse to participate (pp.2-3).

Stratified sampling can enable some correction but this is generally on the basis of crude population metrics and ‘[voluntary] participation follows the social unequal distribution pattern of political engagement . . . participants are better educated, mostly men and older than the average population . . . participants are more politically interested and have a higher sense of efficacy’ (p.3). Such ‘statistical biases’ might suggest that deliberative minipublics privilege the usual suspects, the added disadvantage being that nobody has chosen ‘descriptive’ representatives and there is no way to kick the rascals out. There is a danger that

Using mini-publics to shape public policies may create new deliberative elites — randomly selected but distinct from the wider population precisely because they have taken the time to deliberate. (p.14)

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Sortition Foundation AGM, book launch, G1000 tour and more!

Spring is coming and the Sortition Foundation has an action-packed March chock-full of events, not least of which is our second Annual General Meeting happening on Wednesday March 15 at 8:30pm at Mildreds Restaurant in Kings Cross. If you plan on coming along please send us an email to let us know.

book launch general

Otherwise if you are in (or near) Brighton, London, Bristol, Liverpool, Edinburgh or Cambridge then here is an event or two for your calendar:

Brighton: 7pm Monday March 13 @ The Blue Man Cafe: The End of Politicians book launch and G1000 information evening (Facebook event)

CSDLondon: 6pm Tuesday March 14 @ Centre for the Study of Democracy, University of Westminster: Reinvigorating democracy through random selection (Facebook event)

London: 7pm Wednesday March 15 @ Housmans Bookshop: The End of Politicians book launch and G1000 information evening (Facebook event)

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Representative Isegoria

In my sortition thesis I argue that both elements of Athenian democracy — isonomia and isegoria — need to be representative when applied to large modern states. Representative isonomia is achieved via large randomly-selected juries, but isegoria requires different mechanisms — including competitive commercial media — to ensure the accurate representation of public opinion. This presupposes a bottom-up model in which commercial newspapers “refine and enlarge” the opinion of their readers (in order to increase subscription revenue). This has been much criticised by advocates of the Lasswell propaganda thesis — the critique specifically aimed at the concentrated ownership of the MSM — arguing that “the freedom of the press is guaranteed only to those who own one”.

The top-down Lasswell thesis has been thrown into doubt by the Brexit referendum — the Daily Mail supported Brexit and the Mail On Sunday supported Remain. Both newspapers are owned by the strongly Remain supporting Lord Rothermere, whereas the position of the broadsheets owned by Brexit-supporting Rupert Murdoch was the other way round (Sunday Times for Brexit, The Times for Remain).
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Equal Participation in the Post-Democratic Age

Forthcoming book chapter by Dirk Jörke and Anthoula Malkopoulou

Equal participation is a sine qua non of democracy. Yet, today equal voting rights are insufficient for embodying this principle. On one hand, the use of voting rights is not equal among the population. On the other, elections have increasingly become a post-democratic facade, because decision-making has shifted to unelected bodies or non-transparent network meetings. Are more direct democratic procedures the solution to this predicament? This chapter argues that they are not. For once, deliberative citizen assemblies bring inequalities in from the backdoor, as they permit knowledge, skills and other resources more available to advantaged citizens to weigh in positively. Likewise, introducing random selection as a way of distributing public office may allow advantaged citizens to dominate, if the pool of candidates is voluntary and thus self-selected. We argue that reforms should generally focus not on introducing more direct participation, but on reducing the inequalities of participation in representative systems.

The other alternative being large non-deliberative juries with mandatory participation.

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