Press | Equality by lot

The difficulty of insuring accurate randomness

Posted on January 19, 2016 by Common Lot Sortitionist

This article points to the problem of how to produce true representation in juries.

Dearbhail McDonald: The verdict is in – our jury selection process is a farce

Juries are meant to be representative of society as a whole. However, they are anything but, writes Dearbhail McDonald

Trial by jury is one of the last remaining sacred cows in the criminal justice system.

Born by accident to replace trial by ordeal and duelling, amongst other dispute resolution techniques, the random selection of 12 peers is still prized as the only anchor by which a government can be held to the principles of its constitution.

Lord Devlin, the celebrated British judge whose father was from Co Tyrone, famously described jury trial as the lamp that shows that freedom lives.

Here’s the salient point:

For the most part, trial by a jury of one’s peers is as unquestioned as it is innate.

But our current system of selecting juries makes a mockery of jury trial as a bulwark against State power and other anomalies.

To fulfil their constitutional mandate, juries (which only featured women from as late as 1976) are meant to be representative and jurors drawn from a complete cross-section of the community.

They are anything but.

In practice, the burden of jury duty is disproportionately borne by Dubliners; the young, the old and retired, the unemployed, civil servants or those who can manage to undertake the difficult task. The recent empanelling of a 15-strong jury … brought home to me the challenges of achieving the “constitutional completeness” of the representative jury.

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Filed under: Elections, Juries, Press | 3 Comments »

Dr. Ron Prestage thanks Congress

Posted on December 29, 2015 by Yoram Gat

Forbes reports:

On Friday, Congress repealed the country-of-origin-labeling rule (COOL) on beef and pork after the World Trade Organization (WTO) imposed $1 billion in retaliatory import tariffs against United States if the rule was not overturned.

90% of those surveyed in 2013 favored country-of-origin-labeling for fresh meat sold in stores.

Dr. Ron Prestage, president of the National Pork Producer’s Council, released a statement expressing gratitude to Congress for repealing COOL. “I know tariffs on U.S. pork would have been devastating to me and other pork producers,” he said.

Filed under: Elections, Opinion polling, Press | 41 Comments »

2015 review – sortition-related events

Posted on December 24, 2015 by Yoram Gat

This is a review of notable sortition-related events of the year 2015.

Brett Hennig wrote to mention citizens’ assembly pilots and the Irish constitutional assembly which led to the marriage equality vote.

In my mind the two most notable sortition-related events of 2015 were:

In Mexico, the Morena party allotted of some of its congressional candidates among the party rank-and-file. This was covered on Equality-by-Lot here (English version), here and here.
Leading Belgian politicians from various parties proposed changing the selection method of the Belgian upper house to sortition. This is the most high-profile proposal of its kind of the modern age.

Continuing the trend of previous years, those developments happened in the non-English speaking world. However, they are a reflection of a wide-spread disillusionment with elections – a sentiment that is as common in the English-speaking world as it is outside of it.

In the US this sentiment found an electoral outlet in the surprise strength of the campaigns of two presidential candidates which are perceived as being outside of the electoral establishment – Donald Trump and Bernie Sanders. This fact was observed in a relatively well-noticed academic paper in Science journal by Fisman and Markovits about the way class affects policy choices. The authors drew from their work some conclusions that come close to an indictment of the electoral method.

Filed under: Academia, Elections, Experiments, House of Lords, Press, Proposals, Sortition | 15 Comments »

Prinz and Garry: Democracy is due for an overhaul – could lawmaking-by-jury be the answer?

Posted on December 18, 2015 by Yoram Gat

In an article in The Conversation, Janosch Prinz and John Garry, both from Queen’s University Belfast, advocate for legislation by ad-hoc allotted bodies.

They start off by recounting a standard list of instances of electoral disfunction:

Many will agree that, in practice, democracy leaves a lot to be desired. The system often falls short of its ideals: whether it’s the US congress causing a total government shutdown; Australian prime ministers being ousted by internal party politics; or the UK’s disproportionate electoral system allocating only one seat to a party which received close to 4m votes.

This misses the point. None of these examples is an indication of a problem inherent in elections. The problem with electoralist systems is not that they don’t function but that they function in favor of electoral elites and their allies rather than for the average person.
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Filed under: Academia, Ballot measures, Elections, Juries, Press, Proposals, Sortition | 2 Comments »

Now even the visa lottery is unsafe?

Posted on November 15, 2015 by Conall Boyle

According to the NYT,

a small number of giant global outsourcing companies had flooded the [U.S. H1B visa lottery] system with applications, significantly increasing their chances of success. […O]ne of the outsourcing companies applied for at least 14,000.

What has happened to the ‘sanitizing’ effect of the lottery?

Does it matter that well-resourced companies ‘game’ this lottery?

[‘Outsourcing‘: A practice used by different companies to reduce costs by transferring portions of work to outside suppliers rather than completing it internally. (investopia) In the UK this practice is known as ‘sub-contracting’.]

Filed under: Applications, Distribution by lot, Employment, Press | 2 Comments »

Koop: Allotted assemblies allow the elected to renege on campaign promises

Posted on November 14, 2015 by Yoram Gat

Kevin Mooney wrote to point out an article in the Ottawa Citizen. In the article Royce Koop, an associate professor in the Department of Political Studies at the University of Manitoba, argues against repeating the electoral reform process carried out in British Columbia and Ontario provinces.

Koop makes two arguments. The first is the somewhat tautological point that “tak[ing power] from elected representatives and giv[ing it] to the people […] threatens representative democracy by taking decision-making power from MPs and handing it to citizens, [while] representative democracy is best served by allowing MPs to represent the interests of their constituents through their votes, rather than by seizing MPs’ power and handing it to citizens”.

The more interesting argument (which to a large extent is in fact contradictory to the first one) is a much more practical one:

[T]he use of citizens assemblies and referendums would have the effect of allowing politicians to escape from being accountable to the public for their actions.
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Filed under: Academia, Elections, Press, Sortition | 8 Comments »

Threlkeld: Juries of citizens should select senators

Posted on November 10, 2015 by Yoram Gat

Still catching up with the series of articles Simon Threlkeld published in 1997-98.

Juries of citizens should select senators

Simon Threlkeld

Toronto Star (Toronto, Ontario), September 9, 1998, page A17.

The current method of choosing the Senate is undemocratic. The public has no say in who is chosen, patronage is rife and the lifetime terms make senators unaccountable.

The best way to choose the Senate is for each senator to be chosen by a jury of citizens for a set term, say by a jury of 15 or so for a term of three or four years. The main virtue of juries is that they combine a capacity to make an informed choice with being a representative cross-section of the citizens. In a democracy there is no better authority than one which is both well-informed and representative.

Juries are representative because they are chosen from the citizens by random selection. In order for the selection to be truly random, each citizen must have the same chance of being chosen as any other.

Candidates can be given an equal opportunity to present their views

Juries are suited for making an informed choice because they can meet together face-to-face and work full-time for the weeks or months needed to become well-informed about a matter. Jurors can be paid so that they can afford to serve full-time.
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Filed under: Press, Proposals, Sortition | 4 Comments »

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

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 »

Threlkeld: Referendums not ideal for public input

Posted on November 3, 2015 by Yoram Gat

Referendums not ideal for public input on laws, taxes

Simon Threlkeld
The Spectator [Hamilton, Ont] 16 Dec 1998: A11.

Monday, Mike Harris tabled his Balanced Budget and Taxpayers Protection Act. The act requires the Ontario government to get public consent in a referendum vote before increasing corporate, personal, retail, gasoline and employer health taxes.

One of the basic ideas of democracy is that the government ought to carry out the wishes of the people. In a fully democratic society, government would not be able to impose laws the public does not want. Instead, the government’s laws would require public consent.

Mike Harris and his cabinet think public consent is a great idea for certain tax increases they happen to oppose. But when it comes to requiring public consent for any legislation they might support, it’s no thanks.

However, the democratic approach is for all laws to get public consent, not just those hand-picked by a particular government.
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Filed under: Ballot measures, Press, Proposals, Sortition | Leave a comment »

Lasserre: Sortition in politics – the false good idea, part 2

Posted on November 3, 2015 by Yoram Gat

This is the second and final part of a translation of an article by Tommy Lasserre. The first part is here. Again, proofreading and corrections of the translation are welcome.

Sortition eliminates popular participation

While fewer and fewer Frenchpeople bother vote, the membership of parties evaporates, the feeling of powerlessness intensifies, the advocates of stochocracy seem to think that the new selection mechanism could revitalize popular participation. After all, since each person could be called upon to assume political responsibilities, or see their spouse, their neighbor, or their colleague be called to assume them, it is natural that they would grow interested in political questions. Likewise, the disappearance of the political caste would restore the enthusiasm which multiple betrayals have drained over the years. However, this argument in favor of sortition seems unconvincing.

First, everyone must know that the chance of finding yourself sitting in the assembly, or even seeing one of your acquaintances sitting in the assembly, remains extremely small. Using the proposal discussed in the introduction and considering the existing electorate, there are 45 million registered voters (that is without considering those who meet the criteria but are not registered, or expected population growth), the sample selected for exercising the sovereignty for the people in the assembly would represent 0.004% of the electorate. This means that each year only one person in 25,000 would be drawn. Of course, this is better than the chance at the lottery, but it must be admitted that the chances of knowing someone who was allotted remain tiny.
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Filed under: Participation, Press, Proposals, Sortition, Theory | 23 Comments »

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