Carolan: Ireland’s Constitutional Convention: Behind the hype about citizen-led constitutional change

Posted on November 23, 2020 by Yoram Gat

A 2015 paper by Eoin Carolan, Professor and Director of the Centre for Constitutional Studies at University College Dublin, takes a skeptical look at the conventional claims around Ireland’s Constitutional Convention which led to the legalization of same-sex marriage. (Note that later there was also a different allotted body constituted in 2016 which was called a “Citizens’ Assembly” and which led to the legalization of abortion.)

The article suffers from the standard pro-status-quo bias of showing no recognition of the urgency of the need to address the problems with the existing system. As usual, recognition of problems with the established system is phrased in terms of “public perception”, “disenchantment”, “disillusionment” and a “crisis of confidence”, rather than in terms of the facts of ongoing consistent systemic atrocious policy. Thus, while the paper rightly subjects the Convention process to a series of critical examinations, it seems to assume that the status quo is a legitimate default alternative. That said, I find that the article asks good questions, makes good observations and is generally very useful.

Abstract

Ireland’s Constitutional Convention is one of a number of recent examples of ordinary citizens becoming involved in constitution-making processes. These participatory experiments are often praised by democratic scholars. That has been the case with the Convention, which has already been cited as an example for any future process of constitutional change in Britain. This article argues that the Irish experience has been oversold. The process in fact suffered from a number of serious limitations that undermine its claims to either representative or deliberative legitimacy. The approach taken to its composition, agenda, expert advice and evidence was problematic in several respects: opaque, apparently ad hoc and with inadequate attention to the risks of bias and manipulation by elite actors. The Irish experience provides a warning about how the symbolic value of the ordinary citizen can be exploited for political purposes.

Filed under: Academia, Applications, Initiatives, Sortition | 16 Comments »

Using focal random selection to close the gender job- and pay-gaps

Posted on November 22, 2020 by Conall Boyle

Those well funded Swiss researchers have just produced another Report on the benefits of using a lottery as part of the job-appointment process.

By ‘focal’ they mean a two stage process (focussed?) with all applicants undergoing an ability test and the top three being entered into a draw, so the winner is selected at random.

The alternatives were: to select entirely on ability, or else entirely at random (from a pool of well-qualified applicants).

Their conclusion

“Our findings suggest that the pool of high-performing women who apply for top jobs can be substantially enlarged by the introduction of focal random selection. Consequently, the pipeline for women to leadership positions can be made less leaky without lowering candidates’ performance. Moreover, focal random selection closes the gender pay gap among high performers. In addition, differences between men and women in entering competition caused by gender stereotypes are completely eliminated by randomness. Our findings, therefore, point to the relevance of gender stereotypes as an underlying mechanism of gender gap in competitiveness.”

Not bad! Fix the ‘glass ceiling’ and the gender pay gap with the judicious use of lotteries!

You can read the paper here (no paywall) https://advances.sciencemag.org/content/6/47/eabb2142

Filed under: Academia, Distribution by lot, Employment | Tagged: , , | 1 Comment »

Random Selection for the Supreme Court

Posted on October 28, 2020 by Alex Kovner

In an opinion piece in The New York Times, Yale law student Melody Wang lays out an extremely cogent argument for random selection in choosing cases. She emphasizes the power of random selection to prevent corrupt practices, and to focus advocates on directing their arguments to the general good, rather than to specific decision makers.

Filed under: Academia, Press, Proposals, Sortition | 7 Comments »

Claude Sicard: Replacing representative democracy with participative democracy is dangerous, Part 1

Posted on October 28, 2020 by Yoram Gat

A translation of an article from Le Figaro.

Replacing representative democracy with participative democracy is dangerous
Claude Sicard, economist and international consultant
July 6, 2020

Seeing his popularity ratings decline, Emmanuel Macron appeals to the French people for a reform. For this economist, the head of state’s seemingly bright idea is a mistake because making decisions concerning the future of a country requires thorough study and the assistance of experts.

Macron at the Citizen Convention for the Climate at the Élysée, June 29, 2020.

The distance in our country between civil society and the institutions never stops increasing. In every democratic system it is the law that the majority prevails: the dominant fraction imposes its will on the minority, and the electoral moment is decisive for the duration of the mandate of the elected representatives. These principles are increasingly questioned these days. Minorities are increasingly unwilling not to be heard, and moreover they too often observe that the elected do not always have the virtues which they claimed to have during the campaign. Pierre Rosanvallon, a noted researcher of democracy, tells us that we are seeing in our modern democracies the rise of the “people as a judge”. The “monitoring citizen”, he says, is replacing the “voting citizen”. In this way a tendency has developed in our modern societies toward the creation of “counter-democracies”.

CEVIPOF surveys confirm this claim: 70% of the French think that in our country democracy “does not function very well”, and assert that they have no confidence in the ability of members of parliament to address issues that the country is facing. The American political scientist Yascha Mounk, a Harvard professor, writes in his book The People vs. Democracy published in 2018 that “in North America and in Western Europe, a growing number of citizens are turning their backs on democracy: they are feeling that they have less and less influence over political decisions”.
Continue reading →

Filed under: Academia, Books, Elections, Mass action, Opinion polling, Participation, Press, Sortition | 2 Comments »

Yamaguchi: Lottocracy: Considerations on Representative Democracy by Lot

Posted on October 20, 2020 by Yoram Gat

Akito Yamaguchi is a second-year doctoral student at the University of Tokyo, Japan, specializing in political philosophy, especially lottocracy. This is the author’s summary of a paper by Yamaguchi published in the Japanese Journal of Political Thought (May 2020).

Lottocracy: Considerations on Representative Democracy by Lot

This paper aims to examine the relevance of “lottocracy” as a lawmaking system. Lottocracy is the idea of a representative system in which representatives in the legislature are appointed by lottery rather than by election. This paper compares lottocracy and electoral democracy in terms of instrumental value, i.e., the value of the outcomes of these procedures. It assesses the value of both systems in terms of the interests of the people: how well do the systems promote the interests of the people?

To assess the instrumental value of the electoral and lottocratic systems, I use two methods. First, I use two criteria to assess the interests of the people: the criterion of equal reflection and the criterion of competence. The criterion of equal reflection is a criterion for assessing the extent to which the system equally reflects the will of the people. The criterion of competence is a criterion to assess for assessing how competent a legislator is in terms of lawmaking.

Second, I assess the electoral and lottocratic systems in both an ideal condition and a non-ideal condition. In the ideal condition, I assess each system in the condition in which it functions best. In the non-ideal condition, I assess each system in the real world in which we live.

Section 1 assesses both systems in the ideal condition. In the ideal condition, the electoral system is superior to the lottocratic system. This is because representatives who are superior to others are elected in the electoral system and so the electoral system is higher in terms of the criterion of competence. Continue reading →

Filed under: Academia, Elections, Proposals, Sortition | 11 Comments »

Deliberative assemblies are finding their feet – but also facing political barriers

Posted on October 17, 2020 by Oliver Milne

On Friday the 16th of October, the Hannah Arendt Center at Bard College hosted a webinar entitled ‘Revitalizing Democracy: Sortition, Citizen Power, and Spaces of Freedom’, which you can watch here. The workshop heavily featured people putting sortition into practice right now, and so the overall focus was very much on deliberative assemblies in advisory roles, rather than non-deliberative juries or lawmaking roles. If you’d rather not spend the whole day watching a videoconference, here’s the CliffsNotes:

David Van Reybrouck, who gave one of the keynotes, helped design the new citizens’ council and assembly system in the parliament of the German-speaking region of Belgium – an area with only 76 000 citizens, but devolved powers similar to Scotland’s. The system involves a permanent citizens’ council and temporary citizens’ assemblies, both selected by sortition, as well as a permanent secretary who acts as a sort of ombudsman for the system. The council sets the agenda for the assemblies, and chases up their conclusions in the regional parliament – essentially acting as an official lobby group for the assemblies’ recommendations. Politicians have to report back to the council a year after each assembly, setting out how they’ve acted on their recommendations and, if they’ve deviated from them, why. In this respect it is a major step forward in the institutionalisation of sortition. Under the Belgian constitution, however, sortitional bodies cannot be given legislative power, so the assemblies are restricted to an advisory role until and unless momentum can be built for a constitutional amendment.

Continue reading →

Filed under: Academia, Action, Applications, Deliberation, Opinion polling, Proposals, Sortition | 8 Comments »

Special Webinar: Revitalizing Democracy: Sortition, Citizen Power, and Spaces of Freedom

Posted on October 14, 2020 by Yoram Gat

Hannah Arendt Center at Bard College will hold on Friday, October 16, a free open-to-the-public online seminar titled “Revitalizing Democracy: Sortition, Citizen Power, and Spaces of Freedom”. Speakers will include some of the usual suspects such as David van Reybrouck, Hélène Landemore, Selina Thompson and Peter MacLeod along with some names that are not as well associated with sortition. A PDF file is available for download containing some writings about sortition by the speakers and by others.

The Center has also announced that on the day before the seminar, Thursday, October 15, a debate titled “Should federal officeholders in the US should be determined by lottery instead of election?” will take place.

The crisis facing democratic regimes today is cause for serious concern; it is also an opportunity for deep reflection on questions and assumptions concerning liberal representative democracy. Instead of assuming a defensive posture and taking up arms to defend the status quo, our conference asks: how can we revitalize our democracy? Hannah Arendt knew that democracy is tenuous. In 1970 she famously wrote:

“Representative government is in crisis today, partly because it has lost, in the course of time, all institutions that permitted the citizens’ actual participation, and partly because it is now gravely affected by the disease from which the party system suffers: bureaucratization and the two parties’ tendency to represent nobody except the party machines.”
Continue reading →

Filed under: Academia, Sortition | 5 Comments »

Ferey: Populism against science: a new political cleavage?, Part 2/2

Posted on October 8, 2020 by Yoram Gat

This is part 2 of a translation of an op-ed by Camille Ferey in BibliObs. Part 1 is here.

Analyzing the legitimate reasons for criticizing science

If the ideological dimension of the cleavage between rationalism and populism has been clarified, there remains a real phenomenon behind it. There exists a mass of untruths (lies and errors) whose effects on humanity are deleterious: climate-skepticism, historical denialism, anti-Darwinism and various kinds of conspiracy theories. But there is a pressing need to analyze the real causes of these untruths rather than to attribute them to the mental dysfunction of idiots: democracy cannot be defended by being anti-democrats.

The foremost of these causes is a political one: the process of scientification of politics and technicalization of democracy. Liberal capitalism largely subordinates collective decisions to mathematical economic models that are presented by a stratum of “experts” that are linked to power as eternal truths. In this way, presenting political choices as scientific ones, a rhetoric that was widely used in the management of the COVID19 pandemic (the decisions, said Edouard Phillipe, are not political, they are scientific), exposes science to skepticism from that point on whenever choices prove to have negative consequences. How can we believe, for example, the irrefutability of economic laws after the 2008 crisis? Dismissing any critical reflection of a technical-scientific vision of politics, immediately branding such reflection as mistrustful and irrational populism, and eliminating from public debate a set of subjects under the pretext that they are matters of science, thus contributes directly to putting science in doubt.

Another cause, this one sociological, can explain the lack of confidence in science. As history and sociology show clearly: no science is neutral in the sense that it may be produced by an observer with no characteristics and no purpose. Science is produced by scientists and if the scientists all belong to the same social class or to the same group, their products will necessarily be affected. And so, the fact that over the centuries scientists were men can explain the great delay in research about feminine sexual organs as well as about certain diseases such a endometriosis, which afflict only women.

If today women are slowly gaining ground in science (even if with much difficulty, for the scientific establishment is barely opening up and renewing itself), this is not happening with regards to the working class due to the length and uncertainty of the path leading to a career in research (being inversely proportional to the ridiculous sums and the small numbers of the scholarships available). Therefore, as science is going to be done by the wealthier classes, it will necessarily to some extent be done for the wealthy. Objectivity and neutrality grow from pluralism and equality. Without those, as the philosopher John Dewey wrote in 1927, “a class of experts is inevitably so removed from common interests that it becomes a class with private interests and private knowledge, which in social matters is no knowledge at all. [The Public And Its Problems, p. 207]”
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Filed under: Academia, Press, Sortition, Theory | Tagged: | 8 Comments »

Rothchild: “Ancient wisdom” in MI’s new redistricting process

Posted on October 5, 2020 by Yoram Gat

John Rothchild, Professor of Law at Wayne State University, writes approvingly in The Conversation about Michigan’s new allotted electoral redistricting commission. Rather naively, Rothchild seems to believe that democratic redistricting could result in the selection of “representatives who truly reflect [citizens’] political preferences”. Alas, this is more than mere redistricting can deliver, however well done.

How, then, should Michigan’s decision to assign unskilled members of the public the job of drawing nonpartisan election districts be evaluated?

Redistricting is a complex task. Michigan’s Constitution says that the districts must be drawn in compliance with federal law. That includes a requirement that voting districts have roughly the same population. It also requires that the districts “reflect the state’s diverse population and communities of interest,” and “not provide a disproportionate advantage to any political party.”

Dividing the map to meet all of these criteria is not likely to be within the capabilities of a group of randomly selected citizens.

There are several reasons to think that the redistricting commission will nevertheless prove adequate to the task.
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Filed under: Academia, Applications, Athens, Elections, History, Press, Sortition | 1 Comment »

Ferey: Populism against science: a new political cleavage?, Part 1

Posted on October 4, 2020 by Yoram Gat

Camille Ferey is a doctoral student at the Université de Paris-Nanterre where she is writing a thesis about theories of participative democracy and democratic social movements. She wrote the following op-ed in BibliObs back in July.

Populism against science: a new political cleavage?

Rarely does science provoke as many hopes and controversies as it has been doing over the last few months.

It is a matter of great importance: upon the progress of science depends the neutralization of a disease that has confined half of humanity, upon its instructions and warnings depend our rights to travel, to meet and to kiss. However, many commentators talk about the threat of “distrust” that undermines the authority of science, if not of the authority of Truth itself, in our democracies. Furthermore, this dominant narrative confounds this phenomenon of skepticism (which is very real) with a different phenomenon, a political one: populism. The political cleavage is then reduced to a binary opposition between reason and populism, and consequently all criticism of scientific and political institutions is ruled out.

Mistrust of science and political non-conformism: a problematic confounding

It is a widely circulated narrative, with its opinion polls, its statistical studies, its indicators and its media talking points: democracies are suffering because of the irrational acceptance by a growing number of citizens of a mass of fake news, alternative truths and conspiracy theories (vaccines are bad for your health, the theory of evolution is a lie, climate change is a hoax). Yet, this narrative never asks whether what is taking place is a rejection of scientific theories, of scientific protocols, of scientists, of institutions of research, of technical applications of science or of its political uses. This vagueness allows to systematically associate this distrust with a specific phenomenon: populism, which is designated willy-nilly as both a cause and an effect of the regime of errors and lies.

The latest CEVIPOF poll on the relations between science and society establishes a correlation between, on the one hand, “an indicator” of mistrust calculated based on questions such as “Do you think that science brings more good than bad, as much good as bad, or more bad than good?”, and, on the other hand, “and indicator of populism”, based on the following questions: “Politicians are generally corrupt? A good political system is one where citizens rather than a government decide what they think is better for the country? Democracy functions best if the representatives are allotted citizens?”. A surprising definition of “populism”, which rather resembles the definition of democracy, or maybe of common sense.
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Filed under: Academia, Press, Sortition, Theory | 6 Comments »

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