Van Reybrouck’s Against Elections translated to Japanese

Prof. Seiki Okazaki of Kyushu University, Japan, wrote to draw attention to the publication of a translation of David Van Reybrouck’s book Against Elections to Japanese. It seems the book has generated significant interest in Japan. Prof. Okazaki attributes the positive reception to some extent to the fact that sortition-based judicial institutions have been part of the Japanese system for a decade.

The Japanese translation of David Van Reybrouck’s Against Elections (Tegen Verkiezingen) appeared in April 2019 […] Three of the four national newspapers published a book review: the Yomiuri Shimbun on May 19, the Asahi Shimbun on June 1, and the Nikkei on August 10. Many regional newspapers printed a book review transmitted by Kyodo News. Other newspapers and magazines also reviewed the book favourably. Supported by these reviews, the book was reprinted as early as September 2019.

2019 marked the 10th anniversary of the the lay judge trial system and of the mandatory prosecution through citizen review of non-charge decisions. These are both reforms related to the criminal justice system in Japan enhancing the participation of citizens using sortition in a procedure that was until then exclusive territory of professionals. As the Supreme Court noted, the lay judge system has become well accepted and acquired legitimacy in Japanese society. Japanese citizens have become familiar with sortition in the judicial system and realize how this enhances quality and democracy in the courts. This is probably one of the reasons that Japanese citizens are interested in the central arguments developed in Against Elections and why sortition was not immediately rejected a proposal unfeasible for Japanese society.

However, the most important factor for the book’s success is the wide and deep distrust of party politics. Opinion polls show that about 40 percent of Japanese voters support no political party.

OKAZAKI Seiki, one of the translators of Against Elections, proposed to replace the elected House of Councillors with the sorted House of Citizens. He suggests that the sorted House can exercise veto power over the decisions of the elected House (Okazaki Seiki, “Election and Sortition,” Kenpo-kenkyu (Review of Constitutional Law), No. 5, November 2019, pp. 87-96. Written in Japanese).

2019 review – sortition-related events

As I have done at every end-of-year of the last 9, I am offering my summary of notable sortition-related events that occurred over the last year.

As polls indicate that people continue to believe that governments do not represent them, the idea of the single-issue citizens’ assembly made strides in various European countries in 2019. In France, the Citizens’ Climate Convention is taking place, where 150 allotted people are tasked with selecting ways to address the climate crisis. This body is relatively high profile and received attention by various writers. A similar body is being demanded in the UK by the Extinction Rebellion movement.

Scotland had a citizens’ assembly for “shaping Scotland’s future”.

Participations journal devoted a special issue to sortition. 24 papers dealt with various aspects of the topic. The book Legislature by Lot, with the papers from a workshop by the same name was also published.

A citizens’ assembly on Brexit was widely discussed in the UK.

A permanent allotted body was instituted by the German speaking community in Belgium and by City Hall in Madrid.

The increasing use of allotted citizen bodies resulted in increasing scrutiny of the ways in which they are constituted and run, as well as their institutional role.

Citizen Climate Convention: Become a Democratic Assembly!

An open letter to the members of the French Citizen Climate Convention from several mass-action environmental organizations was recently published in Reporterre – a French environmental daily newspaper. [Original in French.]

A Citizen Climate Convention has been convening since October 4 over the course of 6 sessions of three days each until the upcoming January. How to make sure this unprecedented test of collective democracy, which gives 150 allotted citizens the power to deliberate measures for reducing France’s CO2 emissions by at least 40% in 10 years, does not end up as a tool of self-promotion for a government whose real policy for the last two years has been so blatantly anti-environmental that it forces Nicolas Hulot, its very moderate minister of the environment, to resign? That is possible if the allotted rely on their popular legitimacy in order to change the nature and the objective of their upcoming deliberations. It is for this democratic usurpation that we are calling.

What is it that makes you legitimate, more legitimate in any case than the committee that is supposed to “govern” you? It is not that fact that you were allotted according to social-professional or geographic “representivity” criteria defined by the polling institute. This representativity has no democratic value. The fact that an allotted woman is a self-employed resident of Brittany like me does not in any way guarantee that she would faithfully represent my political convictions. It is therefore not the allotment according to social-professional categories which makes you close to your fellow citizens, but rather the fact that you share their situation of democratic dispossession. In these dying days of this deceptive regime of “representative democracy”, we are all reduced to being nothing more than private individuals, deprived of any meaningful political power.
Continue reading

Kovner: The Jurga System

A post by Alex Kovner.

In The Jurga System, I outline a complete democracy centered around citizen juries. At its core is a sharp division of democratic policy making into proposing and deciding. While this is conceptually simple, it is surprisingly difficult in practice. Doing so requires liberal use of the “blind break” to ensure that proposers cannot corrupt the decision process, and vice-versa. The book looks at this dynamic in great detail as it applies to all branches of government.

While the scheme outlined here will not be implemented anytime soon, it is a good thought experiment regarding what a complete political system based on citizen panels might look like. It also suggests a different direction from what we see today: instead of open-ended citizen assemblies tasked with generating grandiose proposals, we should prioritize citizen juries with narrower mandates but binding authority to act. Only this way will sortition become a regular, indispensable feature of democracy.

Full text available to download: https://alexkovner.com/2019/11/12/the-jurga-system/.

Stella Creasy MP: why a citizens’ assembly should sort out Brexit

A British MP proposes a Brexit citizen’s assembly, a discussion follows. (A February 2019 BBC TV show.)

Let Juries Choose Public Officials

In my view, and as I have argued in published form since the late 1990s, two basic and complementary reforms are needed in order to bring modern societies into accord with democracy. One is to transfer the power to decide laws to juries (a.k.a. minipublics), and the other is to transfer the power to choose a wide range of public officials to juries (a.k.a. minipublics). My latest article in Dissident Voice (October 23, 2019) focuses on the latter part of that reform, choosing public officials by jury.

We have been taught since childhood that popular election is essential for democracy. In reality, although it is much better than, for example, a military junta, it is a very problematic way to choose public officials and is 100% not necessary for democracy.

The US political system would be far better and far more democratic if all the public officials now chosen by popular election were instead chosen by juries randomly sampled from the people.

Another very important set of public officials that could be chosen by juries are the independent and supposedly independent public officials now chosen by politicians. Continue reading

Sortition in France – discussion and application

Discussion and application of sortition continue to be very active in the Francophone world. Here are some recent examples:

Guyancourt: “Décidons ensemble” [“Let’s decide together”] are forming their list of candidates for the municipal elections by knocking on door number 20 in each street.

From the Popular initiative to sortition: the responses to the crisis of representation – a discussion with Yves Sintomer, Dimitri Courant, and Clément Mabi.

Random interactions in the Chamber: How allocating legislators’ seats at random affects their behavior.

Allotting candidates for the Paris municipal elections.

An allotted citizen council in Sion, Switzerland will publish positions on the propositions on the Swiss ballot.