Cancio: Sortition and the Allotted Chamber as Institutional Improvements to Democracy

Here [PDF] is an automated translation (with a few touch-ups) of Jorge Cancio’s 2010 paper “Invitación a un Debate: El Sorteo y las Cámaras Sorteadas Como Mejoras Institucionales de la Democracia”.

Abstract:

I start off inviting my readers to exercise their imagination and then explaining a proposal of creating new “sortition chambers” on all administrative levels – from a chamber at the same level as the present-day Spanish Congress and Senate down to sortition chambers for each municipality. They essentially would be an addition to present-day institutions and would partake in the powers which are held today by elected representatives and officials, although the proposal envisages that in the short run they could be out-voted by the elective institutions. They would exercise their powers according to deliberative procedures.

After that introduction I offer a short account of present-day theoretical and practical proposals and implementations of sortition-based systems in the political field – highlighting the fact (following Manin) that mainstream discussions on democracy tend to ignore sortition altogether (including those made by the political left), but also making the point that since Dahl and others (inter alia, Burnheim, Goodwin, Barber; and the more recent works now appearing in Imprint Academic) there seems to be an increasing renaissance of this subject. I also point to the practical experiences of the Planungszelle and the voters’ and citizens’ juries.

Thereafter I try to explain why sortition is mainly ignored nowadays – here I follow again Bernard Manin – identifiying the contractualist bias of the XVII and XVIII century revolutions (which sought to establish a rule of consent for being governed) as the main reason for opting for elections instead of sortition as mechanism for the selection of political office-holders. Afterwards, the emergence of the political parties as oligopolical forces in the political market (here I refer to the work of C.B. Macpherson) and their growing distance from society and increasing autonomy vis-à-vis societal needs have led to a “party democracy” or “cartel party” system (Katz and Mair). The facade of autonomous decision in electing public officials covers, therefore, a system where political offers are very limited, allowing me to speak about an “election-fetish”. Contrasting to this evolution I then underline the paradox of identifiyng democracy with elections (and political parties) when we consider that democracy was linked in Athens with sortition whereas elections were considered aristocratic.
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Radical reform: selecting 5-10% of councillors by lot

Vernon Bogdanor, Research Professor at the Institute for Contemporary British History at King’s College London and Professor of Politics at the New College of the Humanities, advocates bold, radical reforms:

Local government reform

One way that our democratic system can face these challenges is by making local government `Self Government’ once again. […] Local government is the best arena for the next phase of constitutional reform, but something much more radical than elected mayors is needed.

Selection by lot

That more radical innovation might be found in the principle of sortition—selection by lot. That principle was first adopted in fifth‐century Athens, a direct democracy, but it is perfectly feasible to extend participation in a modern democracy.

A small proportion of councillors—say 5 per cent or 10 per cent—could be selected randomly by lot from the electoral register. Participation would be voluntary but most of those selected would probably be willing to do so. That would increase the representation of the young and of members of ethnic minorities, groups markedly under‐represented in most local authorities. These councillors could decide what was best for their communities without being beholden to party.

Delanoi: Sortition does not replace elections, it complements them

Simon Blin interviews Gil Delanoi in the Liberation. Original in French.

Gil Delanoi, a researcher at Sciences-Po, a sortition expert, promotes this procedure as a fundamental improvement of the democratic system, provided that it is used in an ad-hoc fashion. [Editor’s note: This sub-headline seems to be a misrepresentation of Delanoi’s position – see below. – YG.]

Gil Delannoi, professor at Sciences-Po and researcher at Cevipof, has just published a new book Sortition: how should it be used? (Sciences-Po Press). According to him, this procedure, if it is well-established, could improve the representation of the diversity of the electorate.

How can sortition cure the malaise of democratic representation and participation?

As opposed to voting, sortition does not aggregate voices but rather subsamples people from a group in order to delegate a task to them, whether a deliberative, an advisory or a decision-making task. From this perspective, sortition complements voting because it allows breaking out of the legislative logic where only representatives make the law and are concerned with it and where the administration applies it. This way, sortition does not replace elections but completes them. It is certainly possible to combine the two processes.

What form should it take?

Sortition is adaptable. There are at least as many ways to allot as there are to vote. It all depends on the objective that is sought. Sortition can be mandatory or volutary. In the first case it is a duty, in the other it is a right. The size of the sample is also very important. If the allotment aims to construct a mirror of the population, it is preferable to have a large number of people involved in order to create a detailed picture. That said, even if we allot a few people, we already a sample that is more representative than that of a simple vote, particularly in terms of age, gender and profession. We may need allotments of size 10,000 or 1,000 people. Logically, the larger the number the more accurate is the representation. In the case of court juries, where sortition is regularly used in France, it is evident that the group must be able to really have a discussion. Here the optimal size is on the order of 10 to 50 people. The larger the sample, the more difficult this is.
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The Principle of Rotation

Let me share part of the section called “The Principle of Sortition” in E. S. Staveley’s 1972 book, Greek and Roman Voting and Elections. In spite of its title, the section might better have been titled, “The principle of rotation,” since Staveley argues that rotation in Athens was “more fundamental by far” than sortition. I am not an academic, and I would be interested in hearing what the reception was for Staveley’s thesis among his colleagues. Only a few reviews of the book are available to me, and they seem to have been written by specialists in Roman rather than Greek politics. He seems to be shooting across their bow. Was anybody listening?

It certainly stands to reason mathematically that the more posts are available only once in a lifetime, and the shorter their term limit, the more rotation would become the operating principle. This would set up what the Romans later would call a Cursus Honorum, a career trajectory where the average Athenian would gain active experience in every aspect of local governance, from finance to foreign policy. Unlike the Cursus Honorum, though, the order or life stage in which the citizen held a position mattered less than variety of exposure to various workshops in what Pericles called the “school of Athens.”
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Legislature by Lot: Transformative Designs for Deliberative Governance

[This is repost from https://www.bretthennig.com/legislature_by_lot_published]

Legislature by LotLegislature by Lot: Transformative Designs for Deliberative Governance has just been published by Verso a few days ago. I contributed a chapter, “Who Needs Elections? Accountability, Equality, and Legitimacy Under Sortition” that questions the premise of the opening chapter of the book: that sortition should only accompany an elected chamber.

However, even as I’m excited by the publication of this new book, I’m thinking today about Erik Olin Wright, who conceived of the “Real Utopias” series and brought so many challenging and brilliant insights to this and his many other works, but sadly passed away recently. It was another book in this series, Deepening Democracy, which he co-edited as well, that started me down the path I’m now on. It was such an honour to meet him and get to know him – and to sing “Bella Ciao” together with him at his house a few short years ago.

Sortition at the 2019 ECPR General Conference

The 2019 ECPR General Conference will be held at the University of Wrocław, Poland in September. It will feature hundreds of panels and thousands of papers. One of those papers will deal with sortition:

Sortition as a Finalite Politique for EU Democracy
Paweł Glogowski, University of Wrocław

Abstract: The issue of democratic deficit in the European Union has been present in the academic and political debate for many years now. The first natural reaction to that complex and multilevel problem was to strengthen democracy known as a representative system. The cure was supposed to come primarily through better representation of citizens’ in the European Parliament. As we know, this has not helped the EU in solving the issue. In fact, together with the dynamic increase of EP powers, the voters turn out in European elections has dropped. In consequence, the Union proposed to fight the democratic deficit with participatory democracy, and such innovative tool like European Citizens’ Initiative. Seven years of experience show that this instruments has also failed to empower and engage EU citizens. Hence, this article will try to answer the question whether deliberative democracy is the last chance to solve the issue of EU’s democratic deficit. The author will examine the pros and cons of sortition on a transnational level, and if this kind of democratic innovation has any chance to heal democracy in the European Union.

McKay: Combining mini publics and multi stage popular votes

The section ‘Combining mini publics and multi stage popular votes’ in Spencer McKay’s new paper ‘Building a better referendum’ presents an interesting overview of several systems where the referendum is combined with mini publics.

Pairing a multi-stage popular vote with a mini-public – a process I refer to as an iterated popular vote (IPV) – may aid in bridging the gap between micro-deliberation and macro-participation. The IPV is an attempt at institutional design inspired by the notion of “designed coupling,” which seeks to “find the optimal strength of linkages between different parts of a deliberative system” (Hendriks, 2016, p. 55).