Citizens’ Assembly on Gender Equality

There’s a report out on the recent Citizens’ Assembly on Gender Equality. The report, by Jane Suiter, Kirsty Park, Yvonne Galligan, and David M. Farrell, focuses on “the quality of the deliberative process and the attitudes of the members towards the process”. The report can be found at:

https://arrow.tudublin.ie/aaschsslrep/39/

Defending Democracy

Anthoula Malkopoulou (Lund University) and I just published a paper in Constellations entitled “Allotted Chambers as Defenders of Democracy.” Here’s the first paragraph:

In this paper, we identify a problem—the problem of which actors should serve as defenders of democracy—and propose a solution to that problem—the creation of randomly selected citizen bodies, or allotted chambers (hereafter ACs). Having in place institutions that are tasked with democratic self-defense, is, we argue, a critically important pillar of democratic government, but its importance has often been neglected. This neglect is exacerbated by the evasive nature of the task that these democratic defense institutions are called to perform. Part of the problem is that the task of democratic self-defense is often mistakenly conceived as an ad hoc response to an occasional problem, rather than a routine task to which democracies should devote regular attention. Once the task of democratic self-defense is properly specified, the advantages of assigning this task to ACs, rather than courts or legislatures, become evident.

You can read it here: https://onlinelibrary.wiley.com/doi/full/10.1111/1467-8675.12580

Jersey votes to let terminally ill end their lives

Andrew Gregory writes in the Sunday Times:

Jersey is set to become the first part of the British Isles to legalise assisted dying after a citizens’ jury voted overwhelmingly in favour of changing the law.

There is growing evidence that elected politicians are enthusiastic to outsource controversial decisions to randomly selected citizens juries. Here’s the the article (by the Sunday Times’ Health Editor).

A panel of islanders said last week it was in favour of ending the ban on assisted dying after an independent inquiry heard months of expert evidence and personal testimony. The Sunday Times, backed by politicians from all parties, some senior doctors and religious leaders, is campaigning to legalise assisted dying across the UK.

Last week 78 per cent of the citizens’ jury — 18 of the 23 islanders who had been selected at random — said assisted dying should be legal. The jury called for terminally ill islanders to be able to seek help to end their life, subject to safeguards. Eight in ten Britons support having a right to assisted dying, polls suggest.

As a crown dependency, Jersey can legislate on assisted dying independently of Britain. The jury’s recommendations will be followed by a full report in September. Jersey’s Council of Ministers will then lodge a proposition asking the States Assembly, the island’s parliament, to agree that assisted dying be legalised.

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The Scottish Citizens Assembly recommends creating a House of Citizens

Back in January, the Scottish Citizens Assembly has concluded its work and published its report. One of the sections in the recommendations chapter (PDF) is called “How decisions are taken” and contains various proposals involving the use of allotted bodies for political decision making. One of those recommendations is to

set up a ‘house of citizens’ to scrutinise government proposals and give assent to parliamentary bills. Membership should be time-limited and representative of the population of Scotland, similar to the way this CA was selected.

Having a permanent allotted body with oversight powers over government and (it seems) binding veto power over legislation is, I believe, an unprecedented proposal from an official constitutional reform body. Of course, the Scottish CA itself was merely advisory, so the adoption of its recommendations by the elected government is very far from certain.

A discussion of the report was held in the Scottish parliament in February. In the discussion John Mason of the Scottish National Party responded to the proposal:

The start of the members’ introduction says:

“We, the people of Scotland, present this report” to Government and Parliament. That is a big statement, suggesting that the assembly is either more representative of, or more in touch with, the general population than elected MSPs are. We should take that kind of statement seriously. The assembly is a cross-section of society, but it is not elected, so are we questioning democracy if we follow that logic?
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An in-depth study of the “Irish Model” by Dimitri Courant

In “Citizens’ Assemblies for Referendums and Constitutional Reforms: Is There an “Irish Model” for Deliberative Democracy?” Dimitri Courant analyzes the recent Irish citizens’ and constituional assemblies in a nuanced and contexuatlized way. This must be one the better treatments of the subject for anyone intersted in the “trans-localization” of the model itself and for those intersted in the design issues for citizens’ assemblies. To me it is a sober evaluation of the “Irish case” and gives us much food for thought on what might happen going forward.

Among democratic innovations, deliberative mini-publics, that is panels of randomly selected citizens tasked to make recommendations about public policies, have been increasingly used. In this regard, Ireland stands out as a truly unique case because, on the one hand, it held four consecutive randomly selected citizens’ assemblies, and on the other hand, some of those processes produced major political outcomes through three successful referendums; no other country shows such as record. This led many actors to claim that the “Irish model” was replicable in other countries and that it should lead to political “success.” But is this true? Relying on a qualitative empirical case-study, this article analyses different aspects to answer this question: First, the international context in which the Irish deliberative process took place; second, the differences between the various Irish citizens’ assemblies; third, their limitations and issues linked to a contrasted institutionalization; and finally, what “institutional model” emerges from Ireland and whether it can be transferred elsewhere.

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Mansbridge: Beyond Adversary Democracy

An interview with Jane Mansbridge in the Harvard Gazette.

GAZETTE: How might we get citizens who are so polarized to listen to one another?

MANSBRIDGE: One proven practice is the technique of citizens’ assemblies or deliberative polls. These are groups of citizens drawn randomly, through a democratic lottery, from a particular population. It could be an entire country, a state, a city, or even a neighborhood, from which you bring together a group of citizens to talk about an issue that is of concern to their community. For this technique to be successful, the group has to be random, meaning that you have to have good representation from everyone, not just the white retirees who don’t have much to do and would love to come to this sort of thing. To get a random group, you ought to able to pay the participants because you want to be able to get the poor, the less educated, and people who, for one reason or another, would not give up a weekend otherwise to come together with other citizens to deliberate about some major issue.

GAZETTE: Have you participated in a citizens’ assembly? What was it like?
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The best possible system of representation and democracy we can imagine

Reddit user subheight640 has a post presenting an uncompromising argument in favor of sortition:

Why randomly choosing people to serve in government may be the best way to select our politicians

So I’m a huge advocate of something known as sortition, where people are randomly selected to serve in a legislature. Unfortunately the typical gut reaction against sortition is bewilderment and skepticism. How could we possibly trust ignorant, stupid, normal people to become our leaders?

Democracy by Lottery

Imagine a Congress that actually looks like America. It’s filled with nurses, farmers, engineers, waitresses, teachers, accountants, pastors, soldiers, stay-at-home-parents, and retirees. They are conservatives, liberals, and moderates from all parts of the country and all walks of life.
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Proposing and disposing in the real world

A flow chart of the citizens’ jury process for determining compulsory third party insurance in the Australian Capital Territory.

Alex Kovner and Keith Sutherland have written some interesting things on the importance of separating the process of proposing policies and that of deciding which ones are implemented. I’ve not thought as much as I clearly should have about this myself, but I’ve certainly noted it as something I should think more about, and as a fertile and possibly indispensable idea in trying to introduce more sortition into our politics.

But, as readers of my posts will know, I’m also keen to leaven theoretical considerations with the question of how we get there. In that regard I’m interested in approaches to this question that are being tried by practitioners in the field, tied as they are to their own practical and political exigencies. So I was interested to read this case study by my friends at Democracy.co of their participation in helping the Australian Capital Territory (ACT) Government solve its problem of how to .

The essence of what happened is in the diagram above, though you need to read the case study to fully understand the way things were done. Of course this isn’t life according to the strict logic that I’ve seen proposed. For instance the proposer and the disposer are the same citizens’ jury. But I still think what was done was an interesting step forward in articulating practical options in seeking to inject more sortition into political decision making. I’ll be interested in what comments it attracts from this highly informed community.

Landemore: Open Democracy, part 9

Chapter 7 of Open Democracy presents Hélène Landemore’s assessment of the constitution-writing process in Iceland that took place following the 2008 financial crisis. Landemore describes this process as “the first domino of the classic electoral democracy model to fall toward a more open democracy model at a national level”. This seems to me to be a highly over-optimistic assessment of the significance of the process. First, this process was a dud, its outcomes being eventually dismissed by the Icelandic parliament. But more importantly, this was conceived from the outset as a one-off process, not a fundamental change for how things are done. Furthermore, this one-off process dealt in very abstract subjects – phrasing articles of a constitution. By construction it was clear that would not be able to serve as template for the workings of anything like a sortition-based policy making body. The idea of radical democratization (by abolishing elections or at least creating a sortition-based co-equal chamber) was never on the agenda. Thus, the entire discussion in the chapter – and below in this post – should be understood in this light. This was not a momentous occasion whose outcomes did or could have affected how politics is done. The analysis is therefore mostly a theoretical exercise. (A detailed analysis of the workings of the French CCC – which dealt with setting practical policy – could be much more instructive in this sense.)

With this diminished significance, even a radically democratic process would hardly justify the notion that it would serve as a “first domino”. However, as the analysis below indicates, the process itself is far from living up to an aspiration as serving, if not as a template or a model of a democratic process, then at least as an inspiration. Landemore’s celebratory tone is wholly unwaranted.

As Landemore describes the Icelandic process, it had three innovative “open” aspects: the National Forum – an allotted body that met for one day and “established the main viewpoints and points of emphasis of the public concerning the organization of the country’s government and its constitution”, the assembly of amateurs – a body elected from among candidates that were not incumbent professional politicians and which was to draft a proposal for the constitution, and the crowdsourcing phase – an online platform on which the assembly of amateurs would post drafts of the constitution to which the public could post feedback comments on the platform itself or on social media platforms.
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Rebooting Democracy candidate is running for Cambridge city council

Keith Garrett, co-founder of the Rebooting Democracy party (named after Manuel Arriaga’s book), is running for Cambridge city council. He was interviewed by Alya Zayed.

[Rebooting Democracy] puts forward a system whereby decisions are made by randomly selected members of the public, who discuss and deliberate the issues before coming to a decision, like a jury – a process known as ‘sortition’.

[Garrett] said: “I’ve stood before for the Green Party and nothing has changed. One of the key things in my life is climate change – although it’s not the focus of my party. I did everything I could and it makes no difference because you’re essentially trying to appeal to people in charge who have a set of vested interests. They’re career politicians. They’re interested in keeping their jobs and staying in that party machine.

“But actually, if you directly devolve decisions to a group of people, you give them true power, and it would solve most of our big world ills, like social inequality or climate change.”

He added: “You have deliberation, you talk, and you listen to each other. It’s ‘optimise’ not ‘compromise’. It’s about trying to find the best decision, not just the one that keeps everyone happy.”

If elected as councillor, he plans to use this kind of thinking to change the council’s decision making process.

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