Elections and consent

It has been claimed, notably by Bernard Manin (The principles of representative government pp. 79-93), that the reason that sortition of representatives was never considered, and in fact hardly ever mentioned, by the founding fathers of the Western system was because it conflicted with their commitment to the notion that a just system must be based on consent. The argument is that only elections, which institutionalize the act of explicit selection, are compatible with this principle and thus sortition was ruled out a-priori to such an extent that it was never part of the set of ideas being discussed.

While the commitment of the founding fathers to the principle of consent cannot be realistically disputed, the notion that they saw a strong link between elections and consent is much less convincing. This link is far from obvious since, as Manin notes, the principle of consent long predates the modern era. Such a link would therefore not have been taken for granted by the founders, and presuming that it were important to them it would surely have merited a central place in their rhetoric. In fact, however, Manin cites no primary source which argues that elections are a mechanism of consent. He quotes, for example, John Locke as saying:

And thus that, which begins and actually constitutes any Political Society, is nothing but the consent of any number of Freemen capable of a majority to unite and incorporate themselves into such a Society.

But this, of course, makes no mention of elections. Quite the contrary – it is the consent to the incorporation itself, rather than any particular procedures of the newly formed body, that is crucial.
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