Consensus-based legislatures favor bad faith actors. Just getting to a final vote on any measure is a herculean undertaking. This fact makes obstructionist tactics highly successful, so much so that legislatures are largely viewed as dysfunctional throughout the democratic world.

In part 2 of my legislative series, I introduce the superminority, a way of producing laws more pluralistically. It not only introduces a regular pattern for introducing citizen juries, but eliminates most of the tactics that make legislative politics so toxic.

On the legitimacy of citizen assemblies

Dear Kleroterians,

I am currently writing on the legitimacy that grounds sortition-based representation in general, and citizen assemblies in particular. Not the perceived legitimacy of citizen assemblies (whether people actually see them as legitimate or not), but the reasons that we might have to see the decisions of such asssemblies as binding.

I realize that you have thought about this much more than I have. And this is why I would be interested in having your opinion on the three following questions:

  1. What are the potential sources of legitimacy for citizen assemblies, besides political equality, representativeness, impartiality and ordinarity?
  2. Among these different potential sources of legitimacy, which one(s) do you see as the most important?
  3. Finally, because I am expecting many of you to highlight representativeness as the main source of legitimacy, I add a third question:

  4. Would you say that a citizen assembly of 50 to 100 participants, with optional participation, still has some legitimacy? Would your opinion be different with stratified sampling?

Thank you very much for your input! I will make sure to credit the Blog if a publication comes out of this!