Allotted bodies better than referenda

Two new articles argue that allotted bodes are a better democratic tool than referenda. Both criticize the referenda system for asking the public to make uninformed decisions and both invoke the Athenian precedent. There are also some differences for the sharp-eyed reader to pick out.

Simon Threlkeld writes in Truthout:

Let Juries Legislate: Why Citizen Juries Are Better Than the Ballot Initiative for Citizen Lawmaking

Twenty-four US states have the ballot initiative. Unfortunately, the process is heavily skewed in favor of rich interests and unsuitable for making informed decisions. A much better method of citizen lawmaking is needed.

[…]

Classical Athens, often called the birthplace of democracy, sheds light on how citizen lawmaking can be done in an informed, fair and highly democratic way. In Athens, much of the decision-making was done by various juries chosen from the citizens by lottery. This kept a wide range of decisions in the hands of the citizens, prevented elite rule and provided a more informed version of citizen rule than popular vote.

Keith Sutherland writes in openDemocracy:

The Brexit lottery

On June 23, Britain will go to the polls to decide whether or not the country should remain a member of the European Union. David Cameron’s in–out referendum on EU membership is, ostensibly, about finding out what the people want. But there is a better, and more democratic, way.

[…]

Referendums are swayed by irrelevant issues, are “very blunt instruments” and the outcome would be “a lottery”, [Peter Mandelson] said. In a sense, Lord Mandelson is right – the experience of countries like Ireland, where referendums are commonplace, suggests that they are often used to give the government of the day a kicking, rather than deal with the issue at hand. And yet a different kind of lottery could be more representative of public opinion than a referendum vote.
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Selecting Police (partly) by Lottery

The Long Island Exchange reports that Suffolk County, Long Island, NY (Pop.1.5 mn) Police Department is holding a lottery for the order in which qualified candidates are assessed:

Gregory Hosts Lottery to Rank New Suffolk Police Candidates

(Long Island, NY) Suffolk County Legislature Presiding Officer DuWayne Gregory on March 4 hosted a lottery in which the 3,739 individuals attaining a score of 95 on the written exam to become a Suffolk County Police Officer were ranked in priority order to advance to the next stages of the selection process. The lottery was live-streamed from the William H. Rogers Legislature Building in Hauppauge.

The additional phases of the selection process include a personality and psychological assessment, physical fitness test, medical examination, a polygraph examination and a background investigation.  After the testing and background review are completed, candidates who successfully complete all parts of the selection process will be considered for appointment in the same sequence in which their names were drawn in the lottery.

Suffolk County Legislature Presiding Officer DuWayne Gregory pulls a name at the March 4 lottery in which the 3,739 individuals attaining a score of 95 on the test to become a Suffolk County Police Officer were ranked in priority order to advance in the next stages of the selection process. Gregory hosted the lottery at the William H. Rogers Legislature Building in Hauppauge, from which it was live-streamed. Photo Credit: Suffolk County.
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Why Not Choose Members of Congress by Lottery?

Terrill Bouricius, David Schecter, Campbell Wallace, and John Gastil write on Zócalo on KCRW:

We Already Randomly Select Our Juries. Why Not Choose Members of Congress by Lottery?

Conflicts of interest, corruption, and systemic dysfunction are woven through American legislative history, from Tammany Hall in the 1780s to the Savings & Loan crisis of the 1980s and the recent federal government shutdown. One reason is that the electoral system itself often attracts the wrong kind of candidates and rewards unethical campaigning. Gerrymandered district boundaries, voter suppression efforts, and winner-take-all election laws serve to restrict voter choices. People who choose to run for election are too often driven by ego and personal ambition, qualities at odds with the genuine give and take of deliberation. Donald Trump may seem to stand out in this regard, but his character flaws are less distinctive than his willingness to parade them publicly as a kind of perverse populist brand.

So why not random selection instead? Yes, tossing Congress, en masse, out its own front door and refilling the chamber with everyday citizens might seem like a crazy idea. But when asked about this prospect in surveys conducted in 1999 and 2012, Americans place more trust in a randomly-selected body than in Congress.

So what if we took that idea seriously? Could we replace some of our elections with selection by lot, also known as “sortition?”

Manipulation of Elections by Hacking

As if we needed more proof that elections are hopelessly vulnerable to manipulation, here are some excerpts from an article in Bloomberg Business Week on how a gifted hacker made use of social media to rig elections in Latin America. The article is well worth reading in full. We can expect much more of this in the future.

For eight years, Sepúlveda, now 31, says he traveled the continent rigging major political campaigns. … He led a team of hackers that stole campaign strategies, manipulated social media to create false waves of enthusiasm and derision, and installed spyware in opposition offices…

On the question of whether the U.S. presidential campaign is being tampered with, he is unequivocal. “I’m 100 percent sure it is,” he says.(…)

For decades, Latin American elections were rigged, not won, and the methods were pretty straightforward. Local fixers would hand out everything from small appliances to cash in exchange for votes. But in the 1990s, electoral reforms swept the region. Voters were issued tamper-proof ID cards, and nonpartisan institutes ran the elections in several countries.(…)  [so other methods became necessary]
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Rousseau’s Mistake

A recent article by Hélène Landemore:

Rousseau’s Mistake: Representation and the Myth of Direct Democracy

Abstract: For Rousseau, democracy was direct or it wasn’t. As he famously put it, “the moment a people allows itself to be represented, it is no longer free: it no longer exists. The day you elect representatives is the day you lose your freedom” (Social Contract, III, 15). In other words, representative democracy is no democracy at all. Rousseau isn’t alone in this belief, and today the disappointed of representative government have turned to celebrating anew the virtues of direct democracy as more true to the ideal of popular sovereignty, self-rule, and genuine political equality. This paper defends the thesis that Rousseau was, in fact, mistaken and that there is no salvation to be found in the ideal of direct democracy. If democracy as a political regime is always, in fact, representative, then the interesting question is not: direct or representative democracy? But instead: What kind of representation should we aim for? The paper argues that beyond the familiar electoral model there are at least two other models of representation that present attractive features: the first is based on sortition and the other on self-selection.

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Irish senior coalition party wants more allotted bodies

During a recent presentation of their party’s government reform plans, four parliament members from the Irish senior governing party Fine Gael said that “the party wants ’randomly selected’ members of the public to review issues like climate change, Seanad Reform and the Eighth Amendment”, thejournal.ie reports. The report adds:

Fine Gael has previously suggested the issue of the Eighth Amendment could be put to a public forum similar to the Constitutional Convention.

The party has expanded on that with its proposal for a ‘Citizens’ Assembly’ consisting of members of the public who could carry out a “detailed review of a limited number of key issues”.

Their findings would be referred to the appropriate Oireachtas Committee and then to the government.

Marcella Corcoran Kennedy TD insisted that the Citizens Assembly would not be a ‘talking shop’ that would put issues like abortion on the long finger: “Because it would be established by the Oireachtas, you could set specific timelines so there’s plenty of scope there to make the Oireachtas involved to a greater degree with the result of the discussions of the Citizen’s Assembly.”

On the issue of climate change, Corcoran Kennedy said that putting it to a Citizen’s Assembly would help make the issue “part of the dialogue of every citizen in this country”.

Norgrove: Why Britain Should Scrap Democracy in Favour of Sortition

Oliver Norgrove writes in The Huffington Post:

Horse-shoeing my way round the English coastline, setting up stools, handing out thousands of leaflets and talking to many passers-by certainly has come with its frustrations. As I wrote on my blog a few days ago, my patience for democracy and its input of all has now pretty much whittled away.

Without meaning to sound too contemptuous, I cannot bring myself to trust various sects of the population with a say on how the country is governed. Inevitably, polling day becomes Groundhog Day, in which the clueless, easily-manipulated and generationally tribal congregate like farm animals in a bid to shape the country’s government according to their own inaccurate, dogmatic or bigoted predispositions. […]

Problem is, of course, that nothing is preferable to democracy. Nothing beats the hot fury of election night, or the excitement of those voting for the same party they’ve always selected (rarely through genuine political passion and generally for the comfort of brave, tribal voting) and constantly wonder why things never seem to get any better.

Enter sortition.
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John Keane: Elections are joyous carnivals of equality

John Keane, Professor of Politics at the University of Sydney, writes in The Conversation a response to David van Reybrouck’s “tired democracy” argument, which Keane presents as an argument for “the replacement of periodic elections, the ritual of citizens choosing parliamentary representatives, by government based on random selection and allotted assemblies of citizens considered as equals”. It may be worth noting that this description overstate’s van Reybrouck’s position significantly and contradicts Keane’s own disclaimer later on about “a deep prevarication in [van Reybrouck’s] work about whether or not elected legislatures should be replaced in their entirety by a ‘parliament of allotted citizens’”.

Keane responds to van Reybrouck by enumerating the mystical wonders of elections:

Democratic representation […] defies the distinction between mimicry (mandating, or issuing instructions) and self-sacrifice by delegation. It rather involves freely and fairly choosing others to take decisions for a fixed period of time. Representation means keeping continuous public tabs on politicians, then throwing them from office at the next election, or when their time is up. It’s much too simple to say that voting is equivalent to throwing away votes. Representation by election is a clever way of rotating leaders. It is equally a method of reminding citizens publicly that the body politic contains disagreements, and that those who act as if there’s consensus can turn out to be politically dangerous.

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A review of Landemore’s Democratic Reason

A review of Landemore’s Democratic Reason by Alfred Moore published in Contemporary Political Theory:

Landemore argues that rule by the many is better than rule by the few or the one because it can harness ‘democratic reason’. Democratic Reason refers to the collective political intelligence of the many, which in turn is a function of individual epistemic competence and the cognitive diversity of the group. [S]he claims that a group containing diverse perspectives, interpretations, heuristics and predictive models, will be better at making decisions than a less diverse group of people, even if they are individually smarter. As the key feature of democracy is that it is an inclusive decision procedure, and inclusion tends to increase cognitive diversity, democracies are likely to outperform rival regime types.

Talking Democracy on Talking History

I recently appeared on the Irish Radio show “Talking History.” I was part of a discussion of democracy with Paul Cartledge, the esteemed classicist; Roslyn Fuller, whose work has been discussed on this blog; and Iain Walker, from New Democracy in Australia. Much discussion of Athens and sortition. The show can be heard here:

https://www.newstalk.com/Is-democracy-the-best-we-have