Mueller, Tollison and Willett advocating sortition in 1972

“Representative Democracy via Random Selection”, a 1972 paper by Dennis Mueller, Robert Tollison, and Thomas Willett in Public Choice Journal is one of the earliest pieces of sortition advocacy in modern times. The proposal made and discussed is a radical one: selecting the legislature by lot. The fairly short paper covers many crucial issues: eligibility for the allotment pool, compensation, body size, etc.

If we accept that some form of national representation is efficient, the remaining task is to decide on the best practical form of such representation. We would like to propose for consideration the selecting of a national legislature at random from the voting populace. Dahl [After the Revolution, 1970, pp. 249-153] recently suggested a similar procedure, although only to give advisory votes, and the idea has historical origins in Athenian democracy and in the work of Rousseau [The Social Contract, 1762, Book IV, Chapter III]. Such a procedure would be a significant improvement over the existing political system in several ways. The incentive for pork barrel activities in order to secure votes would no longer be present since random selection would be independent of geographic base, and for the same reason minorities would be represented in correct proportion to their numbers in the society. Representation by random selection would also return political power to individual voters and give better artivulation of voter preferences in the legislative process without sacrificing the efficiencies of representation. The legislature would not be composed of median position representatives as under two-party, geographic representation. Voter abstention or uninformed voting would not be problems under this proposal, and perhaps voter alienation would be less in this case also. If viewed as a replacement for the current forms of national representation, the random selection system removes direct sanctioning power through the ballot from the voter and replaces this control mechanism with a more subtle method of articulating voter preferences on national issues. We would argue that although the final outcome is not clearcut, such a change in representative procedure could be understood by voters as the formal embodiment of democratic equality in an ex ante rather than ex post sense. One could also argue that the mass media aspect of political campaigning would be less of a problem under the random selection system, although this is not certain since the outcome depends on how this system of representation is meshed with existing political institutions (e.g., the Presidency). Finally, and importantly, it should be stressed that random selection of representatives avoids all of the traditional problems in voting theory of intransitivities in voting outcomes and the like in establishing a system of proportional representation [See Duncan, The Theory of Committees and Elections, 1958, Chapter 11]. The application of voting theory is confined in this case to the operations of the random legislature once selected, and this feature of representation by lot is an important justification for establishing and operating proportional representation in this way.

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