Debunking the Citizens’ Assembly

https://www.academia.edu/113766495/Debunking_the_Citizens_Assembly

Abstract: Most designs of “Citizen Assemblies” appear to establish a representational system without being able to live up to an acceptable explicitly or implicitly claimed representativeness and inclusiveness, or to make a (scientifically) acceptable attempt to demonstrate them. It is a representational system with representativeness based solely on “everyone having an equal chance of being selected”, and even that is not always realized. Then again, in some cases the representativeness or inclusiveness is very targeted and limited. Also, the design seldom has a reasoned relationship to the area of application. Most designs are vulnerable, to very vulnerable, to manipulation. The selection method and choice of operation practices is in the hands of specialists or specialized companies where sortition is just the generic name and is far from the sortition system with the values we spontaneously assign to it such as reliability and fairness. Independent evaluation system/application area/result is virtually non-existent.

Reflections on the representativeness of citizens assemblies and similar innovations

A blog post by Tiago C. Peixoto and Paolo Spada.

Introduction

For proponents of deliberative democracy, the last couple of years could not have been better. Propelled by the recent diffusion of citizens’ assemblies, deliberative democracy has definitely gained popularity beyond small circles of scholars and advocates. From CNN to the New York Times, the Hindustan Times (India), Folha de São Paulo (Brazil), and Expresso (Portugal), it is now almost difficult to keep up with all the interest in democratic models that promote the random selection of participants who engage in informed deliberation. A new “deliberative wave” is definitely here.

But with popularity comes scrutiny. And whether the deliberative wave will power new energy or crash onto the beach, is an open question. As is the case with any democratic innovation (institutions designed to improve or deepen our existing democratic systems), critically examining assumptions is what allows for management of expectations and, most importantly, gradual improvements.
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Bailly: The democratic quality of European Citizens’ panels

“The democratic quality of European Citizens’ panels” is an interesting study of the citizen panels convened within the framework of the Conference on the Future of Europe which took place in 2021. The study by Jessy Bailly involved interviews with dozens of participants in the panels.

The study highlights some of the problems of the lack of an acceptable design, resulting in biased outcomes. Examples of problematic aspects of the design are the use of volunteers, the way the experts are appointed, the overrepresentation of a stratum of their choice (youth in this case), and the lack of transparency of the sortition method.

Some excerpts:

When I surveyed the citizens, many praised the “diversity of people” within the panels. Others emphasised the lack of representativeness of the citizens’ panels, with at least 5 of the 31 citizens interviewed insisting on it. One of them was a German citizen in her 30s: “You should pay attention to a greater diversity of people and not only people who are pro-Europe. There should be a greater selection of different people, different social classes and also religions.” It is worth noting that the “social class” criterion had to be respected (through the prism of occupation). However, no ethnic or religious criteria were considered.

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Citizen Assembly for Food Policy in Switzerland

In June Switzerland is going to convene a Citizen Assembly for Food Policy (Assemblée citoyenne pour une politique alimentaire). [Texts quoted below are my translations from the original French. -YG]

With the Strategy for Sustainable Development, the Federal Council has declared its commitment to a fundamental change toward a more sustainable food system in Switzerland. In order to set out strategies for this change, national dialogs have already taken place in 2021. The Citizen Assembly for Food Policy is a continuation of these dialogs with the direct involvement of the Swiss population.

Some details about the process:

The Citizen Assembly for Food Policy convenes 100 allotted Swiss residents who will discuss in an open-forum process what a sustainable food policy in Switzerland in 2030 could look like.

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Guides and standards of good practice for allotted assemblies in politics

As the use of allotted assemblies (also called juries, or similar terms) in politics grows by the year, so does the number of guides and standards of good practice for those bodies. It seems therefore necessary to provide an evaluation tool for this kind of publication.

In this post I list relevant publications. Future posts will be devoted to the development of the evaluation tool. No doubt this will be a challenge. Then we will be able to evaluate the each of the publications in subsequent posts.

  1. The Alliance for a Diverse Democracy, Dr. Antoine Vergne: Citizens’ Participation Using Sortition: A practical guide to using random selection to guarantee diverse democratic participation.
  2. newDemocracy and the UN Democracy Fund: Enabling National Initiatives to Take Democracy Beyond Elections.
  3. ‘meer democratie’ (Belgium), Paul Nollen: Code of Good Practice for allotted mini-publics involved with legislation.
  4. Sortition Foundation: How to run a citizens’ assembly.
  5. Marcin Gerwin: Citizens Assemblies: Guide to democracy that works.
  6. Extinction Rebellion: The Extinction Rebellion Guide to Citizens Assemblies.
  7. Innovation in Democracy Programme (UK): How to run a
    citizens’ assembly
    : A handbook for local authorities based on the Innovation in Democracy Programme.
  8. Westminster Foundation for Democracy (WFD) and The newDemocracy Foundation: An introduction to deliberative democracy for members of parliament.
  9. OECD: Innovative Citizen Participation and New Democratic Institutions.
  10. Sciences Citoyennes: La convention de citoyens (French), The Citizens Convention (English).

Citizens’ Assembly in Bosnia and Herzegovina

The EU delegation to Bosnia and Herzegovina reports:

The EU in BiH [Bosnia and Herzegovina] has launched the Citizens’ Assembly, an innovative model of deliberative democracy, which offers a unique opportunity for citizens in BiH to directly express their views on constitutional and electoral reform, to recommend concrete solutions for elimination of the discriminatory provisions in the BiH Constitution as well as for improvement of the Election Law. This process is based on two rounds of sortition, practice of random selection of citizens as a representative sample of a country’s population. During the preparatory phase of the process a team of local and international experts and the independent company specialized in polling representative samples of the BiH population (IPSOS) jointly developed the methodology for random selection of citizens’ and completed the first round of sortition. The letter signed by the EU, the US and OSCE Ambassadors in BiH was sent to 4,000 randomly selected households in BiH, inviting citizens to express their interest in participating in the Citizens’ Assembly.
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Leydet: Which conception of political equality do deliberative mini-publics promote?

A 2016 paper by Dominique Leydet from the department of philosophy at the University of Québec at Montréal:

Which conception of political equality do deliberative mini-publics promote?

My objective in this article is to achieve a clearer understanding of the conception of political equality that informs at least some of these democratic designs in relation to equality of opportunity, but also in relation to agency, both individual and collective.

To do so, I will focus, in the first section, on the methods of participant selection advocated to secure equal presence. According to what principle is participation distributed? If it is according to the equal chance or equal probability principle, rather than equal opportunity, what difference does this make in terms of the underlying conception of political equality? Is ‘equal presence’ conceived strictly in individualist terms or is it related to groups? And, if so, how?

In the second section, I consider the issue of voice. Achieving equality in this context is conceived in terms of equalizing opportunities for influence among participants (Smith 2009: 21-22; Fishkin 2009: 100-101; Fung 2003: 348). I intend to clarify the conditions the designs establish to achieve this objective despite the existence of background inequalities. How is the political agency of participants understood and facilitated in this respect? And what does this say about the underlying conception of political equality?

Altman: Strengthening Democratic Quality: Reactive Deliberation in the Context of Direct Democracy

A 2014 paper by David Altman, professor of political science at the Pontificia Universidad Católica de Chile, proposes using citizen juries as part of the intiative/referendum process in a way that goes beyond Citizen Initiative Review.

Strengthening Democratic Quality: Reactive Deliberation in the Context of Direct Democracy

David Altman

Kellogg Institute for International Studies – Working Paper Series #400

Abstract: Acknowledging that mechanisms of direct democracy can fall prey to narrow and egoistic interests (regardless of how legitimate they may be) and that legislatures do not always have the incentives to articulate responses to those narrow interests, I propose a hypothetical reform: any time a popular vote (i.e., initiative, referendum, or authorities’ referendum) is held, representative and direct institutions should be supplied with a stratified random sample of eligible voters convened to advance citizens’ counterproposals. This original institution—which does not exist even in the places where direct democracy is most developed—would discuss, deliberate, and offer an alternative or an improvement to a policy question that is to be decided in the near future; it would refine and enlarge public views on a contentious topic, providing meaningful political choices, and thus strengthening democratic quality. In arguing for this, my research takes insights from two real-world situations—Uruguay’s two 2009 initiatives for constitutional reform—in which citizens’ counterproposals could have played a crucial role in informing public views on a contentious topic and offered an alternative to both sides of the debate.

Lafont: Democracy without shortcuts

Cristina Lafont is a professor of philosophy at Northwestern University whose research is about normative questions in political philosophy concerning democracy and citizen participation, global governance, human rights, religion and politics.

Lafont is the author a new book, Democracy without shortcuts, devoting a fair amount of attention to allotted citizen juries.

This book articulates a participatory conception of deliberative democracy that takes the democratic ideal of self-government seriously. It aims to improve citizens’ democratic control and vindicate the value of citizens’ participation against conceptions that threaten to undermine it. The book critically analyzes deep pluralist, epistocratic, and lottocratic conceptions of democracy. Their defenders propose various institutional “shortcuts” to help solve problems of democratic governance such as overcoming disagreements, citizens’ political ignorance, or poor-quality deliberation. However, it turns out that these shortcut proposals all require citizens to blindly defer to actors over whose decisions they cannot exercise control. Implementing such proposals would therefore undermine democracy. Moreover, it seems naïve to assume that a community can reach better outcomes “faster” if it bypasses the beliefs and attitudes of its citizens. Unfortunately, there are no “shortcuts” to making a community better than its members. The only road to better outcomes is the long, participatory road that is taken when citizens forge a collective will by changing one another’s hearts and minds. However difficult the process of justifying political decisions to one another may be, skipping it cannot get us any closer to the democratic ideal. Starting from this conviction, the author defends a conception of democracy “without shortcuts.” This conception sheds new light on long-standing debates about the proper scope of public reason, the role of religion in politics, and the democratic legitimacy of judicial review. It also proposes new ways to unleash the democratic potential of institutional innovations such as deliberative minipublics.

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Code of Good Practice for allotted mini-publics involved with legislation

This text is meant as a start to discuss the problem, it is not even a draft. My hope is nevertheless that we will reach that point, or even farther.

Introduction: As the use of mini-publics appointed by sortition is spreading around the world, and is reaching the legislative level, a code of good practice is essential. A glossary is also necessary.

We know that not all essential criteria can always be met, but we have to know at least what to aim for and how to refute well-founded criticism and protect a valuable democratic system. Citizens must know that there are essential choices to make that are of significant impact on the outcome and on the reliability of the results.

The first question we have to ask ourselves is what the kind of application it is we have at hand. The participation ladder from Arnstein may be of help. The participation cube from Archon Fung is somewhat more complicated but more up to date. Or we can look for an answer ourselves.

– Is the proposed mini-public of significant influence on legislation? Answers may differ, but we have to make a decision.

The Oregon CIR system has a noticeable influence on legislative decision making (by referendum in this case). Providing information is a very important issue in any form of democratic legislation.

The Washington state panel that sets the wages of elected legislators has no influence on legislation.

The Irish panel is also not of direct significant influence on legislation. It makes non-binding suggestions to the elected body which decides to whether to initiate a referendum or not.

A Jury in the judicial system has no relation to legislative use.

For this reasons I suggest that the first code of good practice is about the lowest legislative level, the Oregon CIR (or alike).  Although the Oregon CIR is difficult to place at the Arnstein ladder I propose to qualify it at level 6 for the sake of comparing it with other initiatives.