Ackerman and Le Grand: How to have a serious referendum on Brexist and avoid a rerun of the original

Not being British I hesitate to post this entry, but I am advised by an informed source that “this is DIRECTLY on point re your sortition cause, and from perhaps the most prominent public law academic of the past century.”

To me the article seems to be a direct lift of Fishkin’s “Deliberation Day”:

A number of things were wrong with the 2016 referendum, including the disenfranchisement of key stakeholders and the extent of misinformation by both sides. Given that referendums should be informed exercises in democratic decision-making, Bruce Ackerman [Sterling Professor of Law and Political Science at Yale] and Sir Julian Le Grand [Professor of Social Policy at the Marshall Institute, LSE] explain how a referendum on the deal should look like.

[T]he government should take affirmative steps to fill the information gap. The best way forward is suggested by social science experiments, including an early one held in Britain. In 1994, Channel Four organised an intensive discussion amongst ordinary citizens on whether the UK should become more or less engaged with Europe. The scientifically selected sample of 238 participants went to Manchester for a weekend to engage in a series of small group exchanges with competing experts for Yes and No, as well as representatives from the three major parties. At the end of the weekend, support for Britain’s increased integration into the EU rose from 45% to 60%. In contrast, support for the Euro did not rise above 35%. Before-and-after questionnaires established that participants became more knowledgeable.

Fintan O’Toole: If only Brexit had been run like Ireland’s referendum

Fintan O’Toole has a glowing account in the Guardian about Ireland’s constitutional referendum. It advertises the allotted chamber process as the antidote to what troubles the establishment with electoral politics.

As O’Toole’s sees things, the trouble with electoral politics is “tribalism and fake ‘facts’”. With some careful management, the public can come to see sense and vote accordingly.

In all the excitement of what happened in Ireland’s referendum on abortion, we should not lose sight of what did not happen. A vote on an emotive subject was not subverted. The tactics that have been so successful for the right and the far right in the UK, the US, Hungary and elsewhere did not work. A democracy navigated its way through some very rough terrain and came home not just alive but more alive than it was before. In the world we inhabit, these things are worth celebrating but also worth learning from. Political circumstances are never quite the same twice, but some of what happened and did not happen in Ireland surely contains more general lessons.

When Citizens Assemble

What happens when Irish citizens get to deliberate on abortion law?

Ireland’s efforts to break a political deadlock over its de facto ban on abortion inspired a bold response – the creation of a Citizens’ Assembly to tackle on the issue.

During five weekends spread over five months, a random selection of Irish people deliberated on the highly divisive and controversial issue. Their conclusion, in April 2017, recommended a radical liberalisation of existing laws, including a change to the Constitution.

Their work helped prompt Irish Taoiseach Leo Varadkar to pledge a national referendum on abortion. In 2018, Irish voters will have a chance to make new laws.

Breakthrough moment

The Assembly represents a breakthrough moment not just for Ireland but also for ways of doing politics in the rest of the world. Ireland used random selection and deliberation on a highly contentious issue, rather than leaving it to elected politicians. The effect is to gift us all a real-life lesson in doing democracy differently.

At a time of deep dysfunction in our electorally driven political models – what issue wouldn’t lend itself to a citizens’ assembly approach?

When Citizens Assemble is the first in a global, nine-film series on the state of democracy and efforts to radically improve the way it works. Please feel free to sign up for project updates, to offer funds for its completion or other support in kind.

 

When Citizens Assemble from Patrick Chalmers on Vimeo.

Sortition in Switzerland

The Swiss news website 24heures has a story about sortition in Switzerland. (Original in French, my translation, corrections welcome.)

And if parliament members were allotted?

Democracy A seminar examines the use of sortition in Switzerland, which some citizens want to implement.

By Caroline Zuercher, 25.10.2017

Antoine Chollet, research professor at UNIL. Photo: Marius Affolter

Allotment is useful not only for selecting the winners in lotteries. A group of citizens, Generation Nomination, wants to use it for selecting our people’s representatives in Berne. In time, they place to launch a initiative to this effect. The mechanism is far from being new having already been used in ancient Greece. An international seminar, on Friday and Saturday at the university of Lausanne is examining exactly these experiences in Switzerland and in Europe.

Sortition has been used in various contexts. And it has not always been synonymous with democracy. Antoine Chollet, teaching assistant in the University of Lausanne, gives and example. In the 18th century Berne used it to name bailiffs and other magistrates, but only the members of noble families participated in the allotment. The goal was therefore about all to share power among the powerful.

Switzerland had more democratic experiences as well. Studies supported by the National Swiss fund for scientific research examined cases in Schwytz and in Glaris. “There, the people demanded allotment in order to reduce the corruption of the elites and to enhance the circle of powerful families”, explains the researcher. In Glaris at the end of the 18 century, for example, the deputies were for allotted among the entire body of citizens. With limited success: “Our research shows that it was transformed into a form of lottery. Those who were selected could resell their post: that was the great prize!”
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Sortition-related proposals in Belgium and Switzerland

In Belgium, Christie Morreale, a senator, proposes a Peonidisesque scheme where blank votes would be translated into allotted MPs.

In Switzerland “Génération nomination” is starting to collect signatures for putting its sortition-related proposal on the ballot. According to the proposal, 50 out of the 200 members of the Swiss national council would be selected by lot.

The Paradox of Democratic Selection: Is Sortition Better than Voting?

Book chapter just uploaded to academia.edu by Anthoula Malkopoulou

Sortition, or the selection of political officers by lot, has its antecedent in the direct democratic tradition of ancient Athens. Its transfer into a modern context of representative democracy poses rightful scepticism not only about the practical difficulties, but more so about the theoretical inconsistencies that arise. Modern systems of political representation are based on the aristocratic idea of ‘government by the best’, who are to be selected through a competitive call for candidates (Manin 1997). Sortition, on the other hand, replaces this aristocratic criterion of competition and evaluative election with the democratic mechanics of direct and equal distribution of political office by chance. Hence, the very expression ‘democratic (s)election’ includes a paradoxical contradiction in terms, between the democratic concept of equal access to public office and the aristocratic idea of government by the (s)elected best. My aim in this chapter is to shed some light on this contradiction by critically discussing the benefits and pitfalls of using sortition today, comparing it throughout the chapter with voting and the general effects of electoral representation.

Full text

The allotted Irish Citizens’ Assembly sends its recommendations to the Oireachtas

Wikipedia:

The Citizens’ Assembly (Irish: An Tionól Saoránach) is a citizens’ assembly established in Ireland in 2016 to consider several political questions: abortion, fixed term parliaments, referendums, population ageing, and climate change. It will produce reports to be considered by the Oireachtas (parliament).

[…]

On 26 July 2016, Mary Laffoy, a judge of the Supreme Court of Ireland, was chosen by the government as chairperson of the assembly.

The 99 other members are “citizens entitled to vote at a referendum, randomly selected so as to be broadly representative of Irish society”. As with the 66 citizen members of the Constitutional Convention, these 99 plus 99 substitutes were selected by an opinion polling company; Red C won the tender and began selection at the start of September. The Electoral (Amendment) Act 2016 was passed to enable the electoral register to be used in this process. Media were asked not to photograph the citizen members before the inaugural Assembly meeting. By the 27 November 2016 meeting, 11 of the 99 had been replaced by substitutes.

The Irish Post:

THE Irish Citizen’s Assembly has voted overwhelmingly in favour of abortion in a landslide vote.

[…]

The citizens involved in the vote had attended five two-day meetings since November 2016 and had heard from a series of legal and medical professionals.
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