Eyes on Canada: site of the next Citizens’ Assembly using sortition?

[Repost from http://www.sortitionfoundation.org/canada_citizens_assembly ]

Justin Trudeau, who will become the new Canadian Prime Minister next week after winning the  general election on October 19, has promised that the election will be the “last election” based on the first-past-the-post system.

But without it, he would not have won a parliamentary majority, so there will be considerable pressure from within his own party to renege on, or avoid fulfilling, his promise.

What is more interesting, however, is that Canada has a compelling history of using sortition in Citizens’ Assemblies to address provincial electoral reform – it happened in British Columbia in 2004 and in Ontario in 2006.

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Lasserre: Sortition in politics – the false good idea, part 1

André Sauzeau referred me to a polemic against sortition by Tommy Lasserre. This text is the most elaborate argument against sortition ever written (as far as I am aware) and it is therefore of significant interest to sortition advocates. In view of that, and despite my essentially non-existent French I have undertaken to translate it from the original French to English. The first part of the outcome is below. If your French is better than mine I’d be happy with any corrections.

Sortition in politics – the false good idea

By Tommy Lasserre, September 2014

Immersed in scandals, disconnected from the realities of the majority in society, demonstrating every day their total submission to finance and the dogmas of liberalism, and therefore their complete incapacity to pull us out of the crisis, the political caste today is largely discredited, in France as in the rest of Europe. This is expressed well in record low turnouts and in the rise of false alternatives, but equally, fortunately,, reflection, shared by increasingly significant number of citizens, about the ways to change politics. Suggestions for changing the Republic through a constitutional process, proposals for giving citizens greater control over our elected officials, in particular opening the way for recallability, garner, therefore, significant response on the Web.

Among all the ideas that emerged in the blogosphere or on the social networks, one idea, that could appear absurd keeps appearing frequently: putting the reins of power in the hands of an allotted assembly. It is often mentioned in conversations on Facebook, or in argument between bloggers, the controversial intellectual Étienne Chouard has made it his battle cry and the political party Nouvelle Donne (“New Deal”) even made an argument for this idea during the European elections.
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Two recent sortition advocacy pieces by Simon Threlkeld

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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David Grant’s play about sortition to be read in St. Louis

The St. Louis Post Dispatch reports:

Global movement towards representative legislatures

St. Louis, Missouri, 18 October: A world-wide movement towards establishing legislative bodies that are fully representative finds expression in the staged reading of “Our Common Lot” by David Grant. The short play is written for an international conference, “Democracy for the 21st Century,” to be held in December at the Library of Alexandria, Egypt.

In the play, Marisa, Alma, Sami, and Ali live in a city embroiled in conflict and violence — the Regime, the Opposition, the Opposition to the Opposition. When the fighting stops, they ask themselves: What is the best way to move forward? “Our Common Lot” argues for choosing legislators in the way that the first democracy did – by random lot, known as ‘sortition.’

In the original Athenian democracy, sortition was regarded as a principal characteristic of democracy. Most recently the city of Melbourne, Australia has used a random sample of citizens to determine its ten-year financial plan. Two-thirds of the recent Irish Constitutional Convention was composed of sortitionally-chosen citizens.

The reading of “Our Common Lot” is its world premiere. The ensemble includes Adam Flores, Carl Overly, Jr., Erin Roberts, and Jacqueline Thompson.
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Class, not party

Ray Fisman, a Boston University economist, and Daniel Markovits from Yale Law School write in Slate about “The distributional preferences of an elite”, a study they recently published in Science magazine. In the final paragraphs they say:

Elites’ preferences matter. The American elite overwhelmingly dominates both campaign finance and political lobbying, and American policymakers themselves come overwhelmingly from elite circles—the powerbroker Yale Law alumni mentioned above represent just the tip of a vast iceberg.

Our results thus shine a revealing light on American politics and policy. They suggest that the policy response to rising economic inequality lags so far behind the preferences of ordinary Americans for the simple reason that the elites who make policy—regardless of political party—just don’t care much about equality. Hemingway’s illusory but widely shared view that the only thing that separates the rich from the rest is their money thus disguises a central pathology of American public life. When American government undemocratically underdelivers economic equality, the cause is less party than caste.

Democracy gives the mass of citizens a path for protest when the gap between ordinary views and a closed rank of elite opinion grows too great. The populist insurgencies that increasingly dominate the contests to select both the Republican and Democratic candidates in the upcoming presidential election show the protest path in action. Elites—in both parties—remain baffled by Donald Trump and Bernie Sanders’ appeal; and they prayerfully insist that both campaigns will soon fade away. Our study suggests a different interpretation, however. These bipartisan disruptions of elite political control are no flash in the pan, or flings born of summer silliness. They are early skirmishes in a coming class war.

Papirblat: Getting selected to the Belgian Senate via the lottery

Shlomo Papirblat reports from Brussels in the Israeli newspaper “Haaretz”:

A proposal to select the members of the Belgian Senate at random gains surprising support from politicians in Brussels. The chairperson of the socialist party: “Traditional politics is ailing and new ways have to be considered.”

Senior politicians in Brussels are supporting a legislative reform that could revolutionize Belgian democracy: according to the plan members of the Senate – the upper chamber of the nation’s parliament – would be selected in a lottery that would be held once every four years among the citizenry. The chairperson of the socialist party in the Belgian parliament, Laurette Onkelinx, a former vice prime minister, is saying that “traditional politics is ailing and new ways have to be considered.”

In an interview prominently published Wednesday in the highly regarded “Le Soir” Onkelinx explains that “today’s politicians are generally required to get involved in burning social issues but they are behind – they can’t keep up. On the other hand, more and more grassroot and activist-developed social initiatives are involved in generating solutions.” When addressing the question of who can democracy of “professionals” can be combined with present-day requirements, she said that she thinks that “sortition needs to be adopted to bring normal people to the legislature, at least half the members of the house.”

Parliament members standing outside the federal parliament building in Brussels, 2012

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Timo Rieg: Why a citizen’s parliament chosen by lot would be ‘perfect’

Sortition makes an appearance in the German public discourse. swissinfo.ch has an English translation of a German article which proposes short-term allotted bodies with decision making power whose agenda is externally determined. The article’s author is described as follows:

Timo Rieg, a German journalist and biologist. He developed and tested the “Youth Citizens Jury”, a form of youth parliament in which members are selected through a draw. He is the author of 18 books. His most recent publication, Democracy for Germany, examines a combination of citizens’ parliament, a directly elected government and referendums.

An excerpt from the article:

‘Citizens’ parliament’

One could firmly establish [a] procedure, which could be called the “citizens’ parliament”. Week by week, 200 new members, selected each time by a draw, could meet in the citizen’s parliament. They could listen to experts and lobbyists in a plenary session, have discussions with their jury and small groups, ask questions, suggest changes and entrust the governing authority to make improvements.

The outcome of this process would be a clear recommendation, a law (or its repeal), and the result is, unlike today’s parliament, always representative! Thus the citizen’s parliament is a “mini-populus”, an almost exact miniature replica of the general public.

All schools of thought, all social backgrounds, all occupations, artistic interests and hobbies would be proportionally represented. No one and nothing would be forgotten, and yet it’s both technically and financially a manageable size.
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Dollarocracy

The corrupting effects of “money in politics” – campaign finance and lobbying – are a frequent target for political reform. The underlying idea for this agenda seems to be that elected officials promote particular interests because they expect monetary reward, either as contribution for their re-election campaigns or, through some other channel, to their personal pockets.

Lawrence Lessig, law professor at Harvard, has now announced a presidential campaign that he presents as being based solely on the notion of tackling the corrupting influence of money in politics. Lessig seems to believe that a wide consensus among US voters can be created around this issue and that this issue would be compelling enough for voters to de-prioritize other issues to support this one since – as Lessig presents things – the issue of money in politics is preliminary to all other issues because until it is dealt with the corrupting influence of money makes progress on other issues unfeasible.

Lessig’s presents three items in his reform agenda. Two of those items – changing the way electoral districts are created, and reducing obstacles to voting – are commonplace electoral reform items and seem not to have much to do with money in particular. The third item is about pouring more money into electoral campaign – either by using public-funded matching or by using campaign funds vouchers. Those are presumably supposed to decrease the corrupting influence of money because the additional campaign funds are not a-priori unequally distributed.

Lessig seems to believe that with his activism and with this campaign he is striking at the root of the problem of modern politics. There are several reasons to infer that he is misguided.
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A permanent allotted anti-corruption body is a realistic meaningful reform

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

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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