Escoubès and Proriol: Democracy, differently; The art of governing with the citizens

Frank Escoubès and Gilles Proriol are the authors of the book “La démocratie, autrement – L’art de gouverner avec le citoyen” (Democracy, differently: The art of governing with the citizens). In an article in L’ADN they describe the thesis of their book.

There is no doubt that our representative democracy is in trouble. Humiliated, attacked, sometimes rejected: what is going to be its fate in the period between now and the presidential elections of 2022?

The citizens do not feel represented anymore

This is hardly news – our democracy is flawed. The elected are supposed to create the most faithful, the most accurate representation of the citizens, that which a technocracy cannot achieve. The coronavirus crisis has sunk the nail, in silencing the citizens like never before. In the face of that, populism and demagoguery are rising, claiming that they will provide ways for the people to decide everything, all the time, by themselves. Denial the complexity of reality, political irrealism, ideological naivety. In this context, the risk of “democratic retreat” is real. This could be due to an absence of consultation with the citizens (plowing through) or due to a simplistic consultation without a follow-up (an unkept promise). There is therefore an urgent need to “repair the links of trust”.
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Thomas Guénolé: Three problems, one solution

Thomas Guénolé is a French political scientist. Two of his books are La Mondialisation malheureuse (The Unhappy Globalization), published in 2016, and Le Livre noir de la mondialisation (The Black Book of Globalization), published in 2020. According to the Wikipedia, the latter book argues that globalization “as a worldwide system of production and distribution of resources” has been responsible over the years 1992 to 2017 for over 400 million deaths (mostly due to preventable or treatable diseases).

He writes the following in Marianne.

Contrary to a common, but unfounded, conception, the low turnout in parliamentary elections is not a sign of political apathy among voters. This is evident from the fact that turnout in presidential elections is consistently very high. In other words, presidential elections are of interest and all other elections are not. Rather than making voting mandatory, it is necessary to find a way to produce legitimate democratic assemblies, but without elections which are of low interest to the voters.

Allotting all assemblies resolves this problem. They would become truly representative. When using allotment to create a sample of the entire population the probability that this would be a faithfully representative sample of the whole is extremely high. In statistics this is called “pure random sampling”. Sortition would automatically produce assemblies that are truly representative of the French population. They would contain, for example, the same proportion of women, of retirees, of the unemployed, of workers, of young people, as in the population. This vast inflow of representatives, whose gender, age, and poverty normally keep them away from positions of power, would surely change how matters are discussed. At the same time, it is clear that in the presence of those directly affected by reform proposals, the discussions would have radically different tone and content, and would be much more concrete, as would be the proposals themselves that originate from these representatives.
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School entry lottery in Nepal

The Himalayan Times reports:

Lottery to attend public schools: NSEP should aim for this
By Simone Galimberti, Jul 13, 2021

Recently St. Xavier’s School, a prestigious educational institution in the country, conducted the selection process for students for the new upcoming school year. It is a rigorous and transparent process that sees thousands of families hoping to get their children admitted to a sound environment focused on the “whole” development of the student.

Despite the strict selection criteria with tests and various requirements, the senior management of St. Xavier’s School was forced, given the high number of applications, to also include in the process, at least for some of the places available, a sortition procedure to finalise the names of admitted students. In order to assure the highest levels of integrity, in what is ultimately a lottery for those who had already met the eligibility criteria, the entire process was broadcast live on TV nationally.
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Can sortition help fend off the threat of “broader prosperity and rising wellbeing”?

“Democracy Rules”, a recently published book by Jan-Werner Müller, Roger Williams Straus Professor of Social Sciences at Princeton University, is another contribution to the “democratic crisis” genre:

They do not all look the same; plenty of differences are obvious. But group them together and they clearly make up one political family: Orbán, Erdogan, Kaczynski, Modi, undoubtedly ex-president Trump, perhaps Netanyahu, but Brazil’s president Jair Bolsonaro for sure. It is imperative to understand what is often described as a global trend in authoritarianism.

According to a review of the book in Financial Times, Müller is concerned about “performance legitimacy”:

As exemplified by China, that is the undemocratic bargain in which illiberal, one-party control is put up with in return for broader prosperity and rising wellbeing. Its appeal stirs fears that there are other attractive norms on offer and that history may not be cheering liberal democracy on.

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Okazaki: Appointment and Sortition

Seiki Okazaki, Professor of political theory and comparative politics at Kyushu University, Japan, has written to share a summary of his new article, “Appointment and Sortition,” pubilshed in Law and Philosophy journal, No. 7, pp. 31–56.

I have recently published an article titled “Appointment and Sortition” in Japanese. It is one of the five contributions to Law and Philosophy, No. 7 (June 2021), which discuss ‘Just Lotteries’. Here I will summarize the arguments of my article.

As is well known, sortition has been generally discussed within the framework of ‘election and/or sortition.’ While I agree that the framework is still relevant, I am concerned that it limits the potential of sortition: Sortition tends to be applied mainly to the legislature and is mainly evaluated in terms of its contribution to democracy. If we liberate the concept of sortition from the framework, we can recognize two potentialities of sortition. First, the field of application is not limited to legislature: Sortition can be applied to administration and to the judiciary. Second, we will see that it has a liberal potential as well as a democratic potential: Sortition can contribute not only to citizen participation in power, but also to the restriction of political power (Oliver Dowlen’s book is important in this respect).
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The Swiss Council of States rejects sortition for judges

SwissInfo reports:

Like the National Council, the Council of States has rejected the initiative that would replace the selection of judges by election to their selection by sortition.

Submitted by the entrepreneur Adrian Gasser, the initiative “Appointment of federal judges by sortition” aims to make judges more independent. The candidates have to attain their high position based solely on their qualifications, even if they do not have a political network, according to the text of the initiative.

Selected by a a commission of experts, the judges would then be allotted in a way that the official languages would be fairly represented. They would be able to serve five years beyond the normal age of retirement.

Democratic legitimacy

The senators have implicitly rejected the text. The initiative contradicts the Swiss practice where judges are elected and enjoy democratic legitimacy, a principle that is incompatible with a random process, declared Beat Rieder, a member of the judiciary committee.

The existing system has proven itself. Andrea Caroni, the president of the commission, the idea must be “voting rather than rolling the dice, democracy rather than lottery”. Sortition would in no way guaranty more independence and more fairness, added Thomas Minder.

The choices of the members of the commission of experts would not be neutral either, added Carlo Sommaruga. And it would not necessarily be the best that would be designated due to chance, concurred Karin Keller-Sutter, the Minister of Justice. According to her, the initiative introduces a “foreign element” into our institutions.

A different proposal that was also discussed would have judges elected for life rather than facing periodic re-election. In practice, however, non-re-elections are very rare. This proposal was rejected as well. According to article, Andrea Caroni thinks that “parliament knows how to protect the judiciary institution”.

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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Mathews: Citizens’ assembly for democratic governance of the internet

An op-ed by Joe Mathews in The Mercury News.

We need a new way to govern the internet, here’s how to do it
Joe Mathews, May 7, 2021

Today’s methods for governing the internet do not constitute a coherent system, much less a democratic one. Instead, internet governance is a contest for power between the most powerful tech companies, who put their shareholders first, and national governments, which prioritize their own political interests.

In this contest, both sides create the pretense of democracy. Facebook, based in Menlo Park, has created its own “independent oversight” board of global experts, though it’s unelected and chosen by Facebook. The European Union touts its tougher regulation of privacy and the internet — but those regulators are also unelected, and impose their rules on people far from Europe.

Which is why the internet needs a democratic government that operates beyond the reach of tech companies or national government. Such a system must be both local — to allow people to govern the internet where they live — and transnational, just like the internet itself.

I’d suggest that the internet’s democratic government combine multiple forms of democratic governance.

The center of such a government should be a citizens’ assembly — a tool used around the world to get democratic verdicts that are independent of elites. This citizens’ assembly would consist of 1,000 people who, together, would be representative by age, gender and national origin of the global community of internet users. They would not be elected individually, but rather chosen via randomized processes that use sortition (or drawing lots).

The assembly would be supplemented by an online platform that allowed people to report problems, make suggestions, or even petition for proposals that could be voted upon in a global referendum by internet users everywhere. The models for such a platform include Rousseau, the controversial online environment through which Italy’s Five Star Movement governed itself for a time, and Decide Madrid, the online participatory framework that has spread from the Spanish capital to more than 100 cities worldwide.

National governments and tech companies would try desperately to influence this government, but they would not be in charge of it. And each citizens’ assembly would dissolve after two or three years — making it harder for the powerful to lobby it.

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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My Turn: On citizens’ assemblies

Dennis Merritt, a resident of Shelburne Falls, writes in the Greenfield Reporter (keeping Franklin County informed since 1792!):

Judith Truesdell’s letter on immigration reform [“Illegal immigration”, April 24] made me think more about a friend of mine’s opinions on citizens’ assemblies, a form of sortition.

What’s sortition? It turns out the Athenian Greek democracy did not elect representatives. Instead they were chosen at random from the population. That’s sortition.

For some, the very fact that we elect our representatives is at the core of the problems with our government today. They argue that if Congress were made up of randomly selected individuals, who are demographically representative of the country, rotating through fixed terms, then a lot more would get done, and get done better.

Why? Because the representatives would focus on the issues, not the visibility of the issue and how it affects their fundraising and chances for re-election.

That’s clearly not going to happen any time soon, but there is a variation on the idea that is happening in places and could happen on a national level. It’s called citizens’ assemblies.

A citizens’ assembly is a group of randomly selected, demographically representative individuals brought together to address one particular issue, hopefully to make law, but at least to make recommendations. These could be relatively large groups. They would take input from various stake holders and experts. After making their decision, they would disband.
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