Threlkeld: Democratizing Public Institutions

Posted on November 8, 2015 by Yoram Gat

This is another one of the five sortition-advocacy pieces that Simon Threlkeld published in 1997-1998.

Democratizing Public Institutions: Juries for the selection of public officials

A rational analysis suggesting the use of juries of citizens instead of government monopoly for the purpose of selecting public decision-makers

Simon Threlkeld

Humanist in Canada, Spring 1997

A wide variety of public officials are chosen by the government. Among such officials are the various regulatory commissions, boards and tribunals, the boards of public broadcasters, judges, coroners and justices of the peace.

This government monopoly on the selection of so many decision-makers leaves a great deal to be desired. In the first place it is undemocratic because the people have no say in who the decision-makers are. In a more democratic society the selection of such decision-makers would be in the hands of the citizens, not the government.

A further problem is patronage. Where the government selects public officials, patronage is common. Patronage discriminates against people who lack the right political connections and turns public offices into the spoils of electoral victories. Distaste for patronage is near universal amongst citizens.
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Eyes on Canada: site of the next Citizens’ Assembly using sortition?

Posted on October 30, 2015 by Brett Hennig

[Repost from http://www.sortitionfoundation.org/canada_citizens_assembly ]

Justin Trudeau, who will become the new Canadian Prime Minister next week after winning the  general election on October 19, has promised that the election will be the “last election” based on the first-past-the-post system.

But without it, he would not have won a parliamentary majority, so there will be considerable pressure from within his own party to renege on, or avoid fulfilling, his promise.

What is more interesting, however, is that Canada has a compelling history of using sortition in Citizens’ Assemblies to address provincial electoral reform – it happened in British Columbia in 2004 and in Ontario in 2006.

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Sortition on ideochina.com

Posted on September 28, 2015 by Yoram Gat

The Chinese language blog ideochina.com – 思想中国 – has an article about the troubles of the elections-based system of government (what may be termed “eklogocracy”). Among other ideas for reform, the article mentions proposals involving sortition.

Abstract:

In the past quarter of the century，democracy has won the day，with most countries in the world claiming themselves to be democracies. However， the glory is fleeting. In exactly the same period of time， the advancing step of western democracy starts faltering， and its theory is being challenged in an unprecedented way. The idol of democracy is entering into twilight， surrounded by more and more pessimistic views. Theorists of democracy have now started to reflect on the inherent deficiencies of representational democracy， rethink electoral democracy， and seek to return to real democracy by exploring various institutions that can involve the participation of the populace.

The author appears to be an Equality-by-Lot reader.

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Class, not party

Posted on September 22, 2015 by Yoram Gat

Ray Fisman, a Boston University economist, and Daniel Markovits from Yale Law School write in Slate about “The distributional preferences of an elite”, a study they recently published in Science magazine. In the final paragraphs they say:

Elites’ preferences matter. The American elite overwhelmingly dominates both campaign finance and political lobbying, and American policymakers themselves come overwhelmingly from elite circles—the powerbroker Yale Law alumni mentioned above represent just the tip of a vast iceberg.

Our results thus shine a revealing light on American politics and policy. They suggest that the policy response to rising economic inequality lags so far behind the preferences of ordinary Americans for the simple reason that the elites who make policy—regardless of political party—just don’t care much about equality. Hemingway’s illusory but widely shared view that the only thing that separates the rich from the rest is their money thus disguises a central pathology of American public life. When American government undemocratically underdelivers economic equality, the cause is less party than caste.

Democracy gives the mass of citizens a path for protest when the gap between ordinary views and a closed rank of elite opinion grows too great. The populist insurgencies that increasingly dominate the contests to select both the Republican and Democratic candidates in the upcoming presidential election show the protest path in action. Elites—in both parties—remain baffled by Donald Trump and Bernie Sanders’ appeal; and they prayerfully insist that both campaigns will soon fade away. Our study suggests a different interpretation, however. These bipartisan disruptions of elite political control are no flash in the pan, or flings born of summer silliness. They are early skirmishes in a coming class war.

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The ancient Greek view on what democracy is

Posted on September 19, 2015 by Yoram Gat

This topic came up recently. Here is the most thorough discussion of this matter in the primary sources that I am aware of. Aristotle is describing here (Politics, 1317a-1318a) what he considers as the conventional wisdom of his time:

And for this inquiry we must take into view all the features that are popular and that are thought to go with democracies; for it comes about from combinations of these that the kinds of democracy are formed, and that there are different democracies and more than one sort. In fact there are two causes for there being several kinds of democracy, first the one stated before, the fact that the populations are different （for we find one multitude engaged in agriculture and another consisting of handicraftsmen and day-laborers, and when the first of these is added to the second and again the third to both of them it not only makes a difference in that the quality of the democracy becomes better or worse but also by its becoming different in kind）; and the second cause is the one about which we now speak. For the institutions that go with democracies and seem to be appropriate to this form of constitution make the democracies different by their combinations; for one form of democracy will be accompanied by fewer, another by more, and another by all of them. And it is serviceable to ascertain each of them both for the purpose of instituting whichever of these kinds of democracy one happens to wish and for the purpose of amending existing ones. For people setting up constitutions seek to collect together all the features appropriate to their fundamental principle, but in so doing they make a mistake, as has been said before in the passage dealing with the causes of the destruction and the preservation of constitutions. And now let us state the postulates, the ethical characters and the aims of the various forms of democracy.
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Timo Rieg: Why a citizen’s parliament chosen by lot would be ‘perfect’

Posted on September 8, 2015 by Yoram Gat

Sortition makes an appearance in the German public discourse. swissinfo.ch has an English translation of a German article which proposes short-term allotted bodies with decision making power whose agenda is externally determined. The article’s author is described as follows:

Timo Rieg, a German journalist and biologist. He developed and tested the “Youth Citizens Jury”, a form of youth parliament in which members are selected through a draw. He is the author of 18 books. His most recent publication, Democracy for Germany, examines a combination of citizens’ parliament, a directly elected government and referendums.

An excerpt from the article:

‘Citizens’ parliament’

One could firmly establish [a] procedure, which could be called the “citizens’ parliament”. Week by week, 200 new members, selected each time by a draw, could meet in the citizen’s parliament. They could listen to experts and lobbyists in a plenary session, have discussions with their jury and small groups, ask questions, suggest changes and entrust the governing authority to make improvements.

The outcome of this process would be a clear recommendation, a law (or its repeal), and the result is, unlike today’s parliament, always representative! Thus the citizen’s parliament is a “mini-populus”, an almost exact miniature replica of the general public.

All schools of thought, all social backgrounds, all occupations, artistic interests and hobbies would be proportionally represented. No one and nothing would be forgotten, and yet it’s both technically and financially a manageable size.
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Dollarocracy

Posted on September 7, 2015 by Yoram Gat

The corrupting effects of “money in politics” – campaign finance and lobbying – are a frequent target for political reform. The underlying idea for this agenda seems to be that elected officials promote particular interests because they expect monetary reward, either as contribution for their re-election campaigns or, through some other channel, to their personal pockets.

Lawrence Lessig, law professor at Harvard, has now announced a presidential campaign that he presents as being based solely on the notion of tackling the corrupting influence of money in politics. Lessig seems to believe that a wide consensus among US voters can be created around this issue and that this issue would be compelling enough for voters to de-prioritize other issues to support this one since – as Lessig presents things – the issue of money in politics is preliminary to all other issues because until it is dealt with the corrupting influence of money makes progress on other issues unfeasible.

Lessig’s presents three items in his reform agenda. Two of those items – changing the way electoral districts are created, and reducing obstacles to voting – are commonplace electoral reform items and seem not to have much to do with money in particular. The third item is about pouring more money into electoral campaign – either by using public-funded matching or by using campaign funds vouchers. Those are presumably supposed to decrease the corrupting influence of money because the additional campaign funds are not a-priori unequally distributed.

Lessig seems to believe that with his activism and with this campaign he is striking at the root of the problem of modern politics. There are several reasons to infer that he is misguided.
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Creating a Framework for Sortition

Posted on September 1, 2015 by roslynfuller

Dr. Roslyn Fuller is a lecturer in International Law based in Ireland. She is a regular contributor to Irish and international media on world trade, privacy, whistle-blowing and the War on Terror. A great fan of the classics, she has been researching democracy for over a decade and is the author of Beasts and Gods: How Democracy Changed its Meaning and Lost its Purpose, to be published by Zed Books in November 2015. [Welcome to Equality-by-Lot! -YG]

When I first started researching ancient, democratic Athens, I was struck by the layers of randomness built into the political system. Sure, it wasn’t a utopia, but under Athenian democracy wresting control of the decision-making process was at least a difficult and continuous task, because the thrust of the system worked against what Robert Michels would have termed ‘the Iron Law of Oligarchy’.

Lottery selection for most office-holders, as well as for Athens’ enormous juries was one aspect of that randomness. The more I read, the more I was impressed not just with the practice of sortition, but the way the Athenians went about it: dropping their pinakia (identity-tickets) into baskets, having them shaken up, the presiding official randomly drawing a ticket, that person becoming the pinakia-inserter and in turn randomly drawing tickets, dropping the kyboi, or coloured balls, randomly down the kleroterion’s funnel. The Athenians were clearly determined to bastard-proof their system. In my view, their paranoia was justified, and represented nothing more than healthy respect for the criminal (or oligarchic) mind.

But there’s not much point in creating such a fool-proof sortition system if the overarching politics doesn’t change as well. As we all know, in Athens the process of sortition didn’t run in parallel to a sophisticated and expensive electoral system; it ran in parallel to the Assembly. Whatever else one may want to say about Assembly, it was the national focal point for the issues of the day. Assembly attendance was also somewhat random (if self-selecting) in that it generally depended on who showed up of their own volition. A rhetor never looked out on the exact same Assembly twice, and while the ‘professional’, often affluent, rhetors certainly wielded a great deal of influence, they never did know when some unknown citizen would pop out of the woodwork and carry the day against them. Power was possible; power consolidation more of a challenge.

It was this Assembly that was down with sortition in its various forms. It’s hard to look at Athens and see how sortition could have existed side-by-side with the kind of entrenched and powerful electoral politics practised today.
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The principle of distinction

Posted on August 21, 2015 by Yoram Gat

screws-distinction

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Why we vote

Posted on August 19, 2015 by Yoram Gat

Electoralist dogma accords voting with significant ethical importance. If elections are the centerpiece of democracy, a legitimization of government, an expression of the “consent of the governed” then seeing voting as anything less than a pledge of allegiance would be cynical. By casting a vote for a candidate the voter makes a declaration of support for the record and agenda of the candidate and to some extent takes on responsibility for policy the candidate implements if elected. The more extreme versions of this romanticized view apply these implications of support and responsibility to each and every act or position of the candidate. Other versions apply them only to the record and policy in total.

An alternative, less exalted view would be that voting in a mass election is a specific act with specific practical implications. It is no more than a political expedient. According to this view, when considering who to vote for – and indeed whether to vote at all – citizens simply need to consider which alternative can be expected to yield better policy. Voting is then not an assertion about the record or agenda of the candidate in isolation but the expression of a comparison between the anticipated outcomes of the available courses of action.
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