Threlkeld: Juries, not referenda

Posted on November 6, 2015 by Yoram Gat

Simon Threlkeld has shared the full text of his 1998 article in Social Policy journal. A PDF version is here.

A Blueprint for Democratic Law­ Making: Give Citizen Juries the Final Say

Simon Threlkeld

threlkeld-photo

Simon Threlkeld is a Canadian lawyer with his own law practice in Toronto; he has been on the steering committees of various social∙ change organizations such as the social justice­ oriented Law Union of Ontario.

In jurisdictions from California to Switzerland, citizens have the right to initiate binding referendum votes by getting enough petition signatures. Unfortunately, referenda are a drastically flawed way to give citizens a final say in law­making. Referenda are ill­-suited for the informed decision-­making necessary for meaningful democracy and are heavily skewed in favor of wealth and power. A different approach is needed.

“Juries” or “jury assemblies” are the most effective and optimal way to give citizens a final say about laws. By a “jury” or “jury assembly,” I mean a group of citizens randomly chosen from the citizenry and convened to make an informed decision. Juries are chosen by random selection because that is the best way to get a representative cross-­section of the citizenry. Each citizen has the same chance and right to be chosen as any other.

A jury is well suited for making an informed decision because the jurors can meet face to face and work full time for the days, weeks, or months needed to become fully informed about the matter at hand. Jurors are paid so they can afford to serve full time.

By combining a capacity to make an informed decision with being a representative cross-­section of the citizens, a jury gives expression to the informed will of the citizenry­ – the highest democratic mandate that a law can have.
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Filed under: Juries, Press, Proposals, Sortition | 99 Comments »

Two recent sortition advocacy pieces by Simon Threlkeld

Posted on October 16, 2015 by Yoram Gat

Simon Threlkeld is a former Toronto lawyer (law degree from Osgoode Hall Law School), holds an MA in philosophy (University of Toronto), and writes about democracy. In 1998 he published an article in the academic journal Social Policy titled “A blueprint for democratic law-making: Give citizen juries the final say” whose abstract is below.

17 years later, Threlkeld is still a committed advocate for sortition, and has two recent pieces in the Canadian press advocating the use of sortition in order to democratize the Canadian government and media. In both cases Threlkeld is not proposing to use sortition to select office holders, but rather to use sortition to select committees that would appoint the office holders.

In September Threlkeld proposed in the National Post to have the Canadian Senate members appointed by randomly selected juries:

Simon Threlkeld: Select senators by jury

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Filed under: Academia, Juries, Press, Proposals | 61 Comments »

Rethinking Athenian Democracy

Posted on October 13, 2015 by keithsutherland

I’ve just finished reading Daniela Cammack’s PhD thesis (one chapter was presented recently here by Peter Stone) and would warmly recommend it — it’s mercifully short and extremely readable (available to download on the Harvard website). Chapter 3: The Most Democratic Branch? The Assembly vs. the Courts is of particular interest as it seeks to overturn the view that a) the assembly was the primary institution of Athenian democracy and b) the fourth-century reforms were conservative in nature. Cammack’s interpretation supports Yoram and Terry’s view that the switch in emphasis to randomly-selected institutions was in order to enhance the rule of the demos, rather than being a juridical a check on popular sovereignty (the view of Hansen, Ostwald, Sealey [and myself]). The courts (both legislative and juridical) were much less open to manipulation by elites as a) speech rights were restricted to litigants and persons elected by the assembly, b) isegoria was balanced by the use of a water clock and c) secret voting meant that it was harder to intimidate citizens into voting in any way other than by their considered judgment (aided by the higher minimum age and need to swear the dikastic oath). She provides several examples of assembly decisions that were heavily influenced by factional and elite domination
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Filed under: Academia, Athens, Distribution by lot, History, Juries, Sortition | 83 Comments »

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.

Filed under: Elections, Juries, meta, Participation, Sortition | Leave a comment »

A permanent allotted anti-corruption body is a realistic meaningful reform

Posted on August 1, 2015 by Yoram Gat

From an interview with investigative reporter Lee Fang about the recent retirement of Eric Holder from his job as Attorney General of the US and his resumption of his job at the law firm Covington & Burling:

Lee Fang: One of the perhaps most cynical and and most prevalent ways that you can legally bribe a government official or an elected official is to wait to give them a multi-million dollar check, not while they’re in office, but as soon as they retire. So if a politician helps a bank or an oil company, that oil company can’t directly buy them a boat or give them a million-dollar check. But if they wait until that official retires from office, as soon as they step out the door of Congress and find an employment contract with a lobbying firm or a big bank, then they can accept a multi-million-dollar payday; and so it’s simply delayed bribery, in my perspective.

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Filed under: Elections, Juries, Press, Proposals, Sortition | Tagged: , , , , , | 4 Comments »

Smith and Dumienski: Citizens’ juries could reduce Auckland’s democratic deficit

Posted on July 31, 2015 by Yoram Gat

Nicholas Ross Smith and Zbigniew Dumienski of the Politics and International Relations Department at the University of Auckland write at the New Zealand Herald, New Zealand’s largest circulation newspaper, arguing that using randomly selected juries to make some council-level policy suggestions may be a good starting point for organically growing a more democratic governance system:

A report by Bernard Orsman published in the New Zealand Herald on the state of Auckland City Council found that 88 of the 99 positions in the council’s boardrooms and executive teams were filled by “white men from wealthy suburbs.”

The reported demographic composition of the decision-making bodies in Auckland Council suggests that we are facing a potentially harmful democratic deficit. Yet, before anyone suggests quotas or other bureaucratic mechanisms aimed at diversifying the Council’s management structure, it would be good to consider a very different and far more democratic approach currently tried by our friends across the ditch: citizens’ juries as bodies that could breathe new, more democratic and vibrant spirit into our city’s old structures.

The democratic deficit evident in Auckland City Council is part of a broader trend in democracies worldwide, both at the local and national levels, which are increasingly seen as departing from the core democratic principles that they are supposed to uphold. Meaningful deliberations and political equality are the soul of democracy.

Increasingly, our electoral system is virtually devoid of the former and its outcomes suggest the erosion of the latter. Interestingly, such an outcome would have perhaps been predicted by the founders of democracy in classical Athens who were concerned that elections and campaigning contains in themselves anti-democratic and oligarchic seeds.
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Filed under: Academia, Athens, Elections, Juries, Press, Sortition | Tagged: , , , | 2 Comments »

That persuasive juror may just be the one who is in no hurry to go home

Posted on July 19, 2015 by Yoram Gat

The persuasive juror who manages to sway the majority through his passion, eloquence and irresistible logic is part of Western cultural lore. It appears that one commenter on this blog even perceives himself as having played that very role.

The following exchange raises the possibility that the ability of a single juror to sway a whole jury is attributable to much more mundane dynamics – dynamics that are put in place by the unanimity rule. The key paragraph is the last one.
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Filed under: Juries, Press, Sortition | Tagged: | 4 Comments »

Short refutations of common objections to sortition (part 2)

Posted on May 29, 2015 by Yoram Gat

Part 1 is here.

6. Random sampling will occasionally produce unrepresentative samples.

Significant deviation of a sample from the population sampled is in fact very rare. For example, in a population evenly split between men and women, the chance of having fewer than 40 women in a sample of one hundred people is less than 2%. The chance of having fewer than 30 woman is less than 2 in 10,000. And the chance of having 20 women or fewer is less than one in a billion. The current U.S. Senate (a body of 100 people) has 20 women. It is the highest number of women senators in U.S. history.

7. Since there are many population characteristics, the sample would be unrepresentative according to some of those.

Again, because the chance of significant deviation is so small, even if many characteristics are considered the chance that any of them would show significant deviation is small. For example, over one million characteristics would have to be considered before it would become likely that a group which is a minority of a third according any of those characteristics gains a majority in a sample of 200.

8. The lucky few who are selected will often serve personal or narrow interests rather than those of the people.

For policy to be approved by the allotted body, it would have to win a majority. Interests that are personal to one or to a few delegates would not be able to meet this criterion. By the time a proposal wins a majority is has to serve so many personal or narrow interests that it becomes representative. Continue reading →

Filed under: Juries, Sortition | 14 Comments »

Sortition used in South Korea for blacklisting corrupt politicians

Posted on May 18, 2015 by Common Lot Sortitionist

A new book by Shaazke Beyerle, Curtailing Corruption: People Power for Accountability and Justice, describes grassroots efforts around the world to fight corruption.

In one of the cases described a randomly chosen group of regular citizens in Korea served as a ‘citizen jury’ that confirmed results of an investigation into political corruption. The outcome of this ‘people power’ campaign was that over 50% (58 out of 112) of the politicians identified as corrupt dropped out of the race, and of the blacklisted candidates who did run, 68% (59 out of 86) were defeated.

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Belgiorno-Nettis: Power to the people, unnamed and unadvertised

Posted on May 12, 2015 by Yoram Gat

Luca Belgiorno-Nettis, founder of the new Democracy Foundation, writes in The Sydney Morning Herald:

[M]odern democracy was born of privilege and nurtured through class conflict. Conceived in partisan contest, initially as kings and barons, then as landed gentry in elections, the disenfranchised became chartists, then socialists, and the ultra-disenfranchised became communists. Even though the claims of the working class and the suffragettes have largely been resolved, the saga continues in a fossilised relic of divisiveness. Modern democracy rejected the Athenian ideal of equality, wherein the poor, as much as the rich, were automatically accorded a place in government.

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