Democracy Should Just Work

Posted on February 26, 2021 by Alex Kovner

In my new post, I argue that parliamentary procedures can be eliminated with the adoption of the superminority method. The advantages of this are enormous, since legislatures are widely ridiculed for the way rules can be manipulated to advantage. Instead, the superminority rule reinforces two main principles:

  1. Procedural inevitability – Agenda items are guaranteed to reach a conclusion.
  2. Substantive uncertainty – The outcome of all agenda items is genuinely unknown when proposals are written.

Once these principles are followed, legislative politics becomes painless to the general public. Democracy just works.

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Landemore: Open Democracy, part 3

Posted on February 25, 2021 by Yoram Gat

The crisis of representative democracy

Landemore again goes to the heart of matters when she states at the beginning of chapter 2:

My main point in this chapter will be to trace a certain understanding of the “crisis” of contemporary democracy not so much to contingent external factors (though they obviously play a role) but, rather, to the more fundamental democratic flaws in representative democracy’s original design. The main problem, I will argue, is that representative democracy was designed on the basis of electoral premises that prevent even its best, most democratized contemporary versions from reaching the full potential of genuine “popular rule”, that is, a rule that empowers all equally.

Due to these democratic flaws

the cognitive dissonance between the reality of the regimes we live in and the democratic expectations people attach to them can only grow over time.

Too often the crisis of confidence in electoralist regimes is attributed to a plethora of circumstances that are supposedly incidental, non-inherent to the regime itself: everything from globalization to technological change to polarization to Putin. In contrast, Landemore’s agenda is refreshingly clear and principled. While accepting that at least some of those phenomena have their effects, she does not see these are being root causes but, to they extent they are influential factors, as being symptoms of the root causes that are inherent to the electoralist system (p. 32).

It is unfortunate that this clarity is attenuated again by the mandatory gesturing toward propriety. First, why would Landemore write about a design that “fails to empower all equally” because it is based upon “mistaken premises” if by her own account the electoralist design had explicit anti-democratic objectives? Implying that the founders were incompetent democratically minded law-givers is somehow more acceptable, it seems, than maintaining consistency with the previous analysis and inferring that the founders quite competently designed an impressively successful anti-democratic system.
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Police Oversight In The United States: Implications For Sortition Advocates/Activists

Posted on February 22, 2021 by Wayne Liebman

Recent scrutiny of police misconduct in the United States has provoked renewed interest in civilian oversight. Hundreds of police review boards exist. The vast majority have advisory, not disciplinary power. The boards are appointed, and their composition varies, often consisting of community advocates. Sortition activists in Los Angeles (Random Access Democracy) have had preliminary discussions with city council members in two California cities (Petaluma and Culver City) about the possibility of reforming their oversight boards to include members selected by lot. A previous post in this blog asked for references to any sortition based police oversight board. To date, none has materialized.

Is sortition the answer to better police oversight? Probably not, at least not directly. If review boards were randomly selected, their actions and recommendations would likely be more independent. But police in the United States are immunized from oversight by a complex system of laws, police union lawsuits, and court decisions grounded in the Law Enforcement Officers’ Bill of Rights, a document promoted by the Fraternal Order of Police that proposes limits to investigative and disciplinary power over police abuses, and is woven into law in sixteen states. Meaningful oversight is more than a matter of picking better panels; it needs to involve legislative change.

It’s beyond the scope of this article to provide more detailed information about police oversight, but the following references, while by no means exhaustive, may be helpful to those interested: Campaign Zero is a website dedicated to ending police violence in the U.S. Arrested Oversight provides an in-depth analysis of how civilian oversight should function and how it fails. Why police so rarely get charged, Newark’s Citizen Disciplinary Board, and A proposal to give civilians more say reveal perspectives from opposite sides of the country.

Democratic lotteries might yet have a role to play in oversight. A citizens’ assembly, for example, could be designed to study the problems of oversight, then deliberate, and propose recommendations for improvement. These might include recommendations concerning police unions, which often sabotage oversight in ways hidden to the public. If the idea proves useful, it’s likely that many such assemblies would be needed to address conditions that vary from city to city and state to state.

Sortition advocates looking to demonstrate the usefulness of lottery based panels as direct solutions to community problems might want to consider areas such as housing, redistricting, urban development, etc., before tackling police oversight.

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This Is Not a Democracy

Posted on February 21, 2021 by Ali

A version of this article was first published in the run-up to the 2020 general election in Aotearoa/New Zealand by the public interest journalism platform The Dig as part of a series on Transitional Democracy. You can find the original article here.

By Alison McCulloch

Aren’t we lucky, we’re constantly told, that we live in a democracy, a government by and of and for the people. Except our system of government is none of those things. It’s certainly not by the people, it’s barely of the people and we’ve surely gathered more than enough social and economic data to show it’s not for the people.

But how could it be otherwise when it’s based on elections, given that elections are incompatible with democracy. No, that wasn’t a typo: elections are incompatible with democracy. It might seem a surprising statement on its face, given we are raised to equate the two. But one need only scratch the surface of how electoral systems like ours actually work to see the truth of the claim.

What elections actually do is elevate elites to power — those with greater than ordinary wealth, influence, connections, education, charisma, celebrity, privilege… And rule by elites is in fact the antithesis of ‘Democracy’ which properly applies only to governments where power is exercised by the people, the vast majority of whom are ordinary. Electoral systems do not do this; they cannot do this.

The Westminster-based system we live under serves us very badly. Not only is it undemocratic, it is unresponsive to ordinary people, it is cruel and divisive, and yet virtually from the cradle we are taught that it is sacrosanct, an article of religious faith, untouchable, and that while we might tinker around its edges, there is and can be no better, more democratic system of government.

But this system is a cultural product like any other, something Māori (see glossary at end for discussion of Māori terms) know only too well, having had it imposed on them as if prior to the arrival of British colonists, this land were a kind of political terra nullius. It simply wasn’t so. It’s a point the report of Matike Mai Aotearoa (the independent Māori working group on constitutional transformation) makes in setting out both a Māori critique of the current system, and proposals for a way forward.

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What If A Citizens’ Assembly Decided Trump’s Second Impeachment?

Posted on February 20, 2021 by Ted Wachtel

(Written before President Trump’s second impeachment trial on January 18, 2021)

The U.S. House of Representatives has impeached President Donald Trump for a second time, but the Senate will not conduct its trial until after Trump has left office.

The difference between political and deliberative decision-making is that one is based on winning the next election and the other is based on seeking the truth. Professional politicians do not deliberate. They calculate. With each decision, the underlying consideration is the impact it will have on votes and donations.

Republican Senators will consider convicting Trump, but most are afraid, not only of Trump supporters hurting their chances in the next election, but of Trump supporters hurting them physically. Senator Lindsay Graham briefly broke with Trump, declaring that “enough is enough.” But he was soon advising the President again after being threatened by angry Trump supporters at an airport.

Few politicians have the integrity or courage of Justin Amash, the lone Republican congressman who voted to impeach President Trump in 2017, knowingly sacrificing his seat in Congress. Or the ten Republican representatives who voted for a second Trump impeachment, with Liz Cheney boldly stating that Trump “summoned this mob, assembled the mob, and lit the flame of this attack.”

While some of his opponents think Trump should be tried, convicted and banned from holding federal office in the future, others argue that a failure to convict him in the Senate will strengthen him politically and still others claim that if he’s out of office the process is not legal.

I’d like to suggest a novel resolution. What if we let “the people” decide?

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Landemore: Open Democracy, part 2

Posted on February 20, 2021 by Yoram Gat

“Open”

Revisiting briefly the matter of the title of the book: In Part 1 I objected to Landemore’s choice of the term “open democracy” to describe her ideal for government. In short, I find that the word “open” is essentially meaningless and I suspect that the reason for using it as a modifier is that doing so allows to apply the word “democracy” (as in “closed democracy”) to the existing Western eletions-based regimes. On page 15 of the book, Landemore herself notes that the term is already used and abused in politics – as when it refers to transparency. Landemore also makes the connotation of open-source software explicit and claims that there is a likeness between “open democracy” and open source software because “in a democracy the law should be something to which all have access and on which all can make an impact. Everyone should be able to write and claim authorship over the law”. Again, this is too vague to be useful. It is certainly not true at all that open-source software is democratic in any meaningful sense. For one thing, open source is often financed and controlled de-facto by powerful interests. In fact, if anything an analogy may be drawn between open-source software and the “closed” electoral system where a superficial, formal equality is a mask for inherent systemic inequality.

Technology, direct democracy

Too often political reform advocates have a laissez faire “it’s all good” attitude and they embrace any proposal that is making the rounds. Having an “open mind” may sound like a good idea, but in fact not examining proposals critically is recipe for dissipating energy and missing rare opportunities for change. Landemore does not make this mistake. Despite the invocation of the open-source connotation, Landemore explains that her book is not about democracy through technology. This is good. The barriers to democracy are not technological and focusing on technological solutions is therefore a distraction. Another thing Landemore is explicitly not offering is the “antiquated and largely impractical ideal of direct democracy” (p. 17) – a system where mass participation is a central feature. Her reasoning will be laid out in chapter 3 of the book, so it remains to be seen how convincingly it is argued that this is not the right way forward. But argumentation aside, the conclusion is the right one in my opinion. Rejecting mass participation is therefore an important step in clearing the ground for better ideas.

What is an elite?

On page 18 Landemore has an important clarification of the term “elites”. She writes:
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The role of secret ballots of our elected representatives

Posted on February 17, 2021 by Nicholas Gruen

Voters-secret-ballot-system-Australian-British-elections-April-17-1880

From Encyclopaedia Brittanica: “Australian ballot: Voters participating in the secret ballot, or Australian ballot, system in the British general elections of April 17, 1880. Hulton Archive”

Though I have a deep interest in and faith in sortition as “the other way of representing the people”, my own view of a good system and of the path of activism to save our ailing democracies is protean, eclectic and pragmatic. In that spirit I offer this recent column of mine published in Australia. It makes a passing reference to sortition, but is focused on another very simple and critical building block of our democracies as they’re currently constituted – the choice between where voting should be by public and open ballot and where the ballot should be secret. The basic principles seem obvious – secret ballots for citizen’s votes and public voting for their representatives. But some artful exceptions could make a big difference to our current travails.

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As an Irish parliamentarian, Edmund Burke once said that he owed his constituents not just his industry but his judgment, and that if he voted according to their opinions rather than his own judgment he would betray rather than serve them.

This failure to flatter his audience helps explain why he’s better remembered today as a philosopher than as a practitioner of politics. But the distinction he made gives us a key to mending our democracy.

Today, when push comes to shove, politicians’ allegiance is neither to their judgment nor their constituents’ opinion, but to their party. (It is worth noting that political parties were in their infancy in Burke’s time.)

It is not uncommon for legislative chambers around the world to have voted against the judgment of the overwhelming majority of their members and even against the people’s wishes — all at the behest of party bosses.

In this category I’d include numerous votes of the UK parliament regarding Brexit and various decisions of US congressmen and women culminating in the failure to find Donald Trump guilty during his recent impeachment trial — despite Republican Senate leader Mitch McConnell describing then-president Trump’s conduct as a “disgraceful dereliction of duty”.

That conduct moved Trump’s political opponents to some genuine eloquence rather than the usual play-acting. As Senate majority leader Chuck Schumer put it:

Five years ago, Republican senators lamented what might become of their party if Donald Trump became their presidential nominee and standard-bearer. Just look at what has happened. Look at what Republicans have been forced to defend. Look at what Republicans have chosen to forgive. The former president tried to overturn the results of a legitimate election and provoked an assault on our own government, and well over half the Senate Republican conference decided to condone it. The most despicable act that any president has ever committed, and the majority of Republicans cannot summon the courage, the morality, to condemn it.

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Landemore: Open Democracy, part 1

Posted on February 15, 2021 by Yoram Gat

I have recently started reading Hélène Landemore’s book Open Democracy (2020, Princeton University Press). Having gone through the first two chapters, I find the book very useful and I highly recommend it. Despite its somewhat clichéd title, and despite the occasional bow toward the self-serving traditional Western theory of democracy, Landemore is in fact offering (it seems so far, I should say) a rather radical critique of the status quo and does not shy away from throwing some heavy punches at theorists who in one way or another defend oligarchical ideologies. In fact, Landemore presents – even if intermittently and obliquely – a thoroughgoing critique of the elections-based system that is not only better argued than, say, that of Van Reybrouck, but also more radical than his. I can’t think of a comparable book from a mainstream US political scientist. (Maybe Dahl’s A Preface to Political Theory?) The fact that Landemore, now at Yale, is originally French, may be playing a significant role.

Here is a first installment of my comments. I hope to have quite a few more posts discussing Open Demcoracy.

“Open Democracy”

To start: the title, “Open Democracy”. This does not bode well. Is there such a thing as a “closed democracy”? Is this making an implied assertion that our current system is a closed democracy, while we should be aiming at an open democracy? The term “open” has the odor of a buzzword (as in “open source”) – a feel good term which like “democracy” itself, or “people power”, could really mean anything.

On page 2 (I am reading the electronic version, so page numbers are approximate), when discussing what are supposedly historical examples of democracies, Landemore gives what seems like a definition of “open democracy”: a situation where “in theory”, any member of the political community “could access the center of power and participate in the various stages of decision-making. Citizens could literally walk into the public space to be given a chance to speak and be heard”. This is contrasted with the modern situation where “many have the feeling” of being “left out of the most important centers of political power, while the political personnel form an elite that is separate from them”.
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Chevallier: The chic populism of participative democracy

Posted on February 13, 2021 by Yoram Gat

A column by Arthur Chevallier in Le Point is yet another condemnation of the allotted committee monitoring the French vaccination campaign. The author sees the creation of the committee as a sign of weakness and hesitation. The government, he asserts, must act resolutely and dispose of attempts to over-communicate.

Chevallier is an editor at Passés composés and the author of the book “Napoléon et le Bonapartisme” published by Que sais-je ?.

The chic populism of participative democracy

Jan. 5, 2021

The allotment of 35 citizens to follow the vaccination campaign was aimed to be the perfect exercise in communication. It turned out to be the opposite.

Democracy is not about weakness. It is not about the promotion of amateurism. The creation of a committee of 35 allotted citizens which is supposed to follow the vaccination against Covid-19 invited mockery. What should have been proof of transparency turned into evidence of failure. If criticising the management of the crisis is less a matter of courage than of cynicism, since the matter is not as easy as it may seems, it is still necessary to denounce the unhealthy attempt to compensate for lack of efficacy by populism. Horizotalization of power is an illusion. Democracy did not gain its prominence by getting amateurs to run complex matters, but rather by its successes.

Without being aware of it, progressivism gives way to a stereotype of recationism. Since the 19th century, an ideology which may be called counter-revolutionary mocks democracy for being “feminie”, attaching to it labels such as the well-known “prostitute”, and hurling insults claiming that it is incapable of creating a powerful and harmonious state. History proves the opposite. Democracy is in fact quite often a radicalization of politics. In antiquity, Athens was at its height of power and imperialism at the 5th century BC, being its age where its democracy attained its most sophisticated form.
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Facebook has created an oversight board that includes the former prime minister of Denmark — but how independent is it really?

Posted on February 8, 2021 by keithsutherland

Matthew Syed’s Sunday Times article led me to think this was a good case for appointment by random selection.

Facebook has long been one of the most powerful actors in the world. It can shut down the communication of presidents, censor information on a network that connects 2.8 billion monthly users, and spread fake news — inadvertently or otherwise — using algorithms that can shift the dynamics of democratic elections. But who controls Facebook?

This is a question that came into sharp focus last month when Donald Trump was shunted off the platform at much the same time that he was dropped from Twitter and YouTube. The companies cited violations of their terms of use and claimed that, as private institutions, they were not bound by First Amendment free speech obligations. Conservatives responded that it was intolerable that judgments on who could access the digital equivalent of the town square were determined by the woke sensibilities of a tiny group of West Coast billionaires.

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