In her opinion article Creating a better community plan, Rachel Magnusson extols the virtues of a citizens assembly that is in the process of recruiting participation by residents of Vancouver’s East Vancouver neighbourhood known as Grandview-Woodland, anchored by Commercial Drive.
Authorized by Vancouver city council, this assembly is in response to a community urban plan process that raised howls of protest in 2013 when, after months of supposed listening, residents heard that multiple towers were to be raised in their neighbourhood, some as high as 32 stories.
With the citizens assembly, Vancouver city council is again embarked on a road heavy on process and light on listening. Magnusson and her fellow consultants, who are being paid $150,000 or more out of a total civic allotment of $275,000, are very enamoured by their credentials. Potent terms such as democracy, insight and community are rhetorically utilized to instil trust in the process. Trust is the main issue. Trust between the city’s planning department and the citizens of Grandview-Woodland is sorely lacking.
Our Community Our Plan, a citizens group based in the neighbourhood, has tried repeatedly to advise Magnusson, members of the planning department and city council of the pitfalls in this process, but to no avail, so in this space let us try again. Continue reading →
At present Texas vests authority for prosecuting cases of official misconduct in the district attorney of one county, now Travis County, which contains the capital city of Austin, and until recently, the additional work was funded by an appropriation by the State Legislature. This is done because the Texas Constitution vests authority for criminal prosecutions in local county and district attorneys. Neither the State Attorney General nor any state-level official has such authority.
Two controversial prosecutions by the Public Integrity Unit in predominantly Democratic Travis County were clearly political and have led to calls for reform. the first was prosecution of U.S. Rep. Tom Delay, essentially for laundering campaign contributions through the National Republic Party. He was convicted in Travis County but the verdict was reversed on appeal. However, it ended his career in the U.S. Congress.
The second case arose after the Travis County District Attorney was arrested, and later convicted, for DWI, and was video recorded acting very badly, trying to throw her weight around. Governor Rick Perry demanded she resign, or else he would veto the next appropriation for the Unit. She refused, and he did. But Travis County kept the Unit going at reduced strength using County funds. It then hired a special prosecutor who obtained an indictment against Perry for making a felonious threat to a public official in threatening to exercise his veto power. As this is being written, that case is still in the Travis County District Court.
What did democracy really mean in Athens? – Melissa Schwartzberg
Hey, congratulations! You just won the lottery. Only the prize isn’t cash or a luxury cruise. It’s a position in your country’s national legislature. And you aren’t the only lucky winner. All of your fellow lawmakers were chosen in the same way.
This might strike you as a strange way to run a government, let alone a democracy. Elections are the epitome of democracy, right? Well, the ancient Athenians, who coined the word, had another view. In fact elections only played a small role in Athenian democracy, with most offices filled by random lottery from a pool of citizen volunteers. Continue reading →
Proponents of sortition usually refer to the fact that it was used in Athens, and sometimes use the Athenian constitution as a yardstick for comparing other proposals. There is no attempt here to reproduce or imitate the Athenian democracy, which had several features which would now be considered objectionable, among which are:
The exclusion of the majority of persons living under the control of the government from any say in that government. One can argue about the relative numbers of adult male citizens, adult female citizens, metics (metoikoi, foreigners living and working in Athens) children of citizens, and slaves, but clearly the adult male citizens were a small minority of those affected by the laws which they alone could vote on. Amongst adult male citizens, the Athenian constitution was eminently democratic, amongst those who were subject to its laws, it was oligarchic.
The lack of separation of justice and legislature.
Ostracism. It was not necessary to commit a crime to be ostracised and exiled, merely to be feared.
Dokimasia. This was an examination, not to determine whether a citizen was competent, but whether he was eligible for office, and if so, whether his political views were offensive (usually meaning that he had oligarchic sympathies).
Representative democracy today seems to be at an impasse. Low voter turnout, falling party membership, plummeting trust in politicians, the fierce rise of populist parties. These trends, together with political fragmentation, disengagement among young generations, and backlash against the political elite who have failed to govern responsibly, highlight democracy’s dilemma. Though much has been written about this democratic crisis, less has been proposed in terms of solutions. Belgian historian David Van Reybrouck’s recent book, Contre les élections [Against Elections], attempts to fill this gap of ideas. Although it has not yet been translated into English, as is obvious from what I discuss below, his analyses are critically important in the current climate.
Chwalisz’s long article mostly revolves around Van Reybrouk’s book, but also mentions Gilens and Page. She seems to some extent skeptical of Van Reybrouck’s progressivist outlook and ends thusly:
[T]he dilemma of how to get elected elites to relinquish their grip on the seats of power remains unresolved. Perhaps the starting point is to question ourselves: are we, in fact, electoral fundamentalists?
A Black People’s Grand Jury in St. Louis, Missouri, this weekend delivered a “true bill of indictment” for first degree murder against former Ferguson police officer Darren Wilson in the death of Black teenager Michael Brown. Black people “can and must take matters into our own hands,” said Omali Yeshitela, one of four prosecutors that presented evidence[.]
The 12 jurors, all of them from greater St. Louis, spent January 3rd and 4th reviewing some of the same evidence presented by county prosecutor Bob McCulloch to the mostly white grand jury that failed to indict Wilson, in November.
It would be very disappointing to find that the jury principal was fatally flawed, not the sure defence of the rights of the individual against the over-mighty power of the State that we have always believed.
A Grand Jury seems (for us) a superb idea. Following a significant and contested incident a random selection of 23 (?) citizens is summoned to hear the evidence, debate it and decide on a course of action. Rather than stilling protest, in the US the Grand Jury seems to foment it.
So could I ask our US contributors to explain (and I apologise for using this forum for FAQs).
Is a Grand Jury (GJ) as I’ve described it above?
What is wrong with the process that makes its verdicts so un-acceptable?
America proudly sees herself as the leader of the democratic world. Democracy is on the rise around the globe. Forty years ago, think tank Freedom House published its first annual report ranking the world based on democratic freedoms. A mere 40 countries had free elections. Back then, Spain and Portugal were military dictatorships. Today, Freedom House counts 87 nations as “free countries,” a doubling in less than four decades. An additional 60 countries are “partly free,” leaving 48 countries still labeled “not free.”
Good news. However over the same forty years America’s own democracy has been eroded. First politics became a terrible money game with candidates having to spend ridiculous amounts of money to get elected based on sound bite simplifications of all important issues. And ultimately that money game has ended in a stalemate on Capitol Hill where two parties now only agree on one strict rule: If they want “yes” we will certainly and clearly say “no” — no matter the arguments.
Somewhere at the core of the idea of democracy is the notion that the people — or their representatives — get together for a dialogue out of which insight and vision may emerge. Continue reading →
Writing in the Sunday Times in the aftermath of the Scottish Referendum, deputy prime minister Nick Clegg proposes a citizen-jury based constitutional convention:
I welcome Labour’s decision to embrace the long-standing Liberal Democrat call for a constitutional convention — but it needs a precise mandate, beginning next year and concluding in 2017. It should have a citizen’s jury at its heart, representing every corner of the UK. One area it will need to address is the future of the House of Lords, which, in my view, would better serve people as an elected second chamber, in keeping with federal systems across the world. Ultimately, however, it will not be up to politicians — this process will be led by the people.
It’s often puzzled me that politicians are eager to use sortition as a way to determine complex constitutional issues, but we can’t be trusted to make everyday political decisions (the price of bread, tax rates, invading foreign countries, gay marriage etc). Clegg’s proposal also appears to confuse the notion of a jury (which determines the outcome of a debate) and political leadership — “this process will be led by the people” — reminding one of Ledru-Rollin’s epithet: “there go the people, I must follow them for I am their leader”. We won’t make any progress until the conceptual and practical distinction between these two aspects of politics (leadership and decision-making) is respected. In a democracy, political leaders can propose and advise but they should not determine the outcome — the decision should be in the hands of a statistically-representative microcosm of the citizen body. The problem in this particular instance, of course, is that English citizens would outnumber those of the other nations of the UK by an order of magnitude and the English would be unlikely to accept numerical parity between the nations (i.e. 1/4 of the composition of the citizen jury). So sortition, in this case, would only make the problem worse.
AUSTIN — The indictment of Gov. Rick Perry by a Travis County grand jury has put the spotlight on the state’s quirky system that gives judges a choice in how to seat a grand jury.
Mr. Perry’s charges for overstepping his authority as governor came from a type of grand jury that is not the norm in Austin’s criminal courts: one whose members were chosen at random.
Austin courts, like those in many of Texas’ larger cities, typically rely on a so-called “key man” selection process, where judges choose a commissioner responsible for recruiting a panel of grand jurors. The practice was not used to seat Mr. Perry’s grand jury because the judge overseeing the case comes from San Antonio, where random selection is preferred.
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