When is a democratic innovation not a democratic innovation? The populist challenge in Australia

An interesting article by Lucy Parry about the Australia mini-publics in participedia:

Outside the room: the populist challenge

Remember those NIMBYs and SIFs that mini-publics aim to exclude through random selection? Their exclusion rests on the assumption that the quality and outcome of deliberation is better without those insistent voices. The aim is that through a process of deliberation, people will become ‘more public-spirited, more tolerant, more knowledgeable, more attentive to the interests of others, and more probing of their own interests’ (Warren 1992, p8). Producing deliberated public opinion involves weeding out weak and poorly informed arguments. Again, this is all very well if you are inside the room. If you’re outside the room, you may very well object.

And let’s face it, those objectionable voices are not going away. As Ben Moffit points out, ‘Populism, once seen as a fringe phenomenon relegated to another era or only certain parts of the world, is now a mainstay of contemporary politics across the globe’. The voices that a Citizens’ Jury wants to keep out of the room now have the room surrounded. If we continue down the mini-publics road, the very thing that allegedly legitimises mini-publics will also be its downfall. The assumptions underpinning random selection are that it is representative of the wider community; and that it facilitates better quality deliberation by bringing together everyday citizens rather than insistent voices. Whether these things are accurate or not is a moot point – what actually matters is how they are perceived by broader publics. It is sad but possibly true that for those outside the room, what goes on inside the room doesn’t matter. And I suspect that the argument that a Jury is representative and very well informed is simply not going to cut it.

Mini-publics rely on information presented by experts; populism rejects the knowledge of experts. With all the will and most independently-recruited-and-facilitated process in the world – people may just not trust it.

This is in line with the criteria for the use of sortition in politics I proposed a while ago and especially with our Two Chamber proposal (page 9):

The presentations of the experts and groups of interests have to be public in case of legislative juries, in order to provide both public information and control. This also has to ensure that ‘informed citizens’ share the same view as the citizens’ jury. That way, we avoid that decisions taken by the citizens’ jury differ from what the people think, in case they had the chance to express their view in a referendum.)

Shallit: The Sortition Solution

Mathematician and professor of computer science Jeffrey Shallit has a post on his blog in which he advocates for sortition. Some excerpts:

The US political system is clearly broken. … Proportional representation is often proposed as a solution to some of these problems. … But this doesn’t resolve the corruption and tribalism problems…

My solution is exotic but simple: sortition, or random representation. Of course, it’s not original with me: we use sortition today to form juries. But I would like to extend it to all legislative bodies.

Here is a brief outline of how it would work. Legislators would be chosen uniformly and randomly from a universal, publicly-available list; perhaps a list of all registered voters.

In each election period (say 2-5 years), a random fraction of all representatives would be completely replaced, perhaps 25-50%. This would allow some institutional memory and expertise to be retained, while insuring that incumbents do not have enough time to build up fiefdoms that lead to corruption.

Sortition could be phased in gradually. For the first 10 years, sortition could be combined with a traditional electoral system, in some proportion that starts small and eventually completely replaces the traditional electoral system. This would increase public confidence in the change, as well as avoiding the problem of a “freshman class” that would be completely without experience.
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Sortition in Switzerland

The Swiss news website 24heures has a story about sortition in Switzerland. (Original in French, my translation, corrections welcome.)

And if parliament members were allotted?

Democracy A seminar examines the use of sortition in Switzerland, which some citizens want to implement.

By Caroline Zuercher, 25.10.2017

Antoine Chollet, research professor at UNIL. Photo: Marius Affolter

Allotment is useful not only for selecting the winners in lotteries. A group of citizens, Generation Nomination, wants to use it for selecting our people’s representatives in Berne. In time, they place to launch a initiative to this effect. The mechanism is far from being new having already been used in ancient Greece. An international seminar, on Friday and Saturday at the university of Lausanne is examining exactly these experiences in Switzerland and in Europe.

Sortition has been used in various contexts. And it has not always been synonymous with democracy. Antoine Chollet, teaching assistant in the University of Lausanne, gives and example. In the 18th century Berne used it to name bailiffs and other magistrates, but only the members of noble families participated in the allotment. The goal was therefore about all to share power among the powerful.

Switzerland had more democratic experiences as well. Studies supported by the National Swiss fund for scientific research examined cases in Schwytz and in Glaris. “There, the people demanded allotment in order to reduce the corruption of the elites and to enhance the circle of powerful families”, explains the researcher. In Glaris at the end of the 18 century, for example, the deputies were for allotted among the entire body of citizens. With limited success: “Our research shows that it was transformed into a form of lottery. Those who were selected could resell their post: that was the great prize!”
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Ismael Serageldin: Transparency and Trust in Trying Times

Ismael Serageldin is the Director of the Library of Alexandria, and one of the most well-connected people in the world. In September he delivered a lecture in Latvia (where he was receiving his 38th honorary doctorate) titled “Transparency and Trust in Trying Times” in which he proposes allotting the legislature (PDF). Serageldin developed his enthusiasm for sortition reform after reading David Van Reybrouck’s book Against Elections: The Case for Democracy and Terrill Bouricius’s paper “Democracy Through Multi-Body Sortition: Athenian Lessons for the Modern Day”. This lecture discusses a range of topics revolving around the deficit of democracy, and the portion about his proposal for a legislature through sortition begins on page 18.

Extract:

We could try to salvage representative democracy – at least for the legislative branch – by adopting a system of sortition.

The problems we see with legislative or parliamentary elections – a backbone of parliamentary representative democracy – can be summed up as:

  • The polarization that leads to paralysis or blockage, as happens in the US congress and as seen in Belgium staying over 500 days without a government.
  • The interference of money in the electoral process which leads to undue influence of the rich, resulting in a generalized feeling of the voters not trusting the parliamentarians or congressmen that they elected.
  • The gerrymandering of individual districts to suit particular interests with a very large preponderance of particular parties wining particular seats
  • The disparity between the shares that different parties get of the actual votes cast and the shares of the seats taken in the parliament
  • The enormous power of incumbency that results in individual deputies being almost invulnerable, with probability of reelection in certain districts exceeding 95%.

Sortition would replace conventional elections. The kind of elections that we have come to take as a given, with political parties vying for power, and entrenched political incumbents getting reelected and a feeling among the public that the elected parliament still does not really represent them, and that in reality things are governed by the elite because money and politics have become too intertwined.

Sortition can respond – at least partially – to these challenges to representative democracy.

Detoxing democracy: Brexit and the considered will of the British people

Nicholas Gruen is an economist, entrepreneur and commentator who has been described by former Australian member of the House of Representatives Lindsay James Tanner as “Australia’s foremost public intellectual”.

On Nov. 6th, Gruen will be giving a talk at King’s College London titled “Detoxing democracy: Brexit and the considered will of the British people”.

Abstract:

Though material conditions played their part, the degradation of politics now so evident in the shock and awe of Brexit and Trump also reflect the way in which elections orient politics around political combat, rather than deliberation and problem solving. Yet Britain could use the ancient Athenian idea of selection by lot – choosing a cross-section of the public to deliberate together to complement elections – to turn its slow-motion crisis into the rebirth of democracy, moving it from government according to the will of the people, and towards the richer, safer notion of government according to the considered will of the people.

An outline of the argument: Detoxing Brexit by detoxing democracy.

Britain’s governing class is now engineering a tragedy that arose from a piece of political improvisation gone horribly wrong. Yet there’s a principled way of handling the situation.
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Interview with John Gastil on Legislature by Lot

3.3 Legislature by Lot with Professor John Gastil

Above is the link to a podcast interview by Real Democracy Now! John Gastil is a Professor in the Communication Arts and Sciences and Political Science at the Pennsylvania State University as well as a Senior Scholar in the McCourtney Institute for Democracy. He studies political deliberation and group decision making across a range of contexts.

In September 2017 John and Erik Olin Wright, as part of the Real Utopias project, held a three-day workshop called Legislature by Lot. Participants included several contributors to this  site, Equality by Lot.  John was interviewed shortly after this workshop to learn more about what was discussed.

John described this workshop as ‘a deliberation about deliberation’.

John spoke about

  • the origins of the Legislature by Lot workshop [1:32]
  • the different ways to implement sortition (random selection) [3:54]
  • some of the arguments in favour of a legislature selected by lot [5:44]
  • different models of sortition [7:40]
  • responding to criticisms of legislature by lot [10:11]
  • how to design an oversight body to support a legislature selected by lot [14:10]
  • the prospect of institutional change and transition strategies [18:34]
  • moving the agenda of using sortition forward [23:43]
  • how much work is happening around the world to test and promote the use of sortition [28:35]
  • what representation and accountability means for bodies selected by sortition [30:29]
  • deliberation, consensus, contention and voting [34:35 and 38:50]
  • what the workshop agreed on [43:18]
  • what might happen after the workshop: building links between researchers and practitioners [45:34]
  • responses to critiques of empowered mini-publics [49:35]
  • when the book arising from the workshop will be published [53:07]

The other point of view of the debate at La Croix

The French newspaper La Croix has recently published two pieces under the title “Of what use is the senate?”. A translation of one of those pieces is here. Below is a translation of the opposing view.

Jean-Philippe Derosier: “The senate is in the DNA of our institutions”

Jean-Philippe Derosier is a professor of public law at Lille 2 university and the author of the blog “The constitution decoded”.

Personally, I do not dispute the utility of the senate, even if some changes could surely be considered. There are three reasons for the utility of a second chamber. First of all, a logical reason. The parliament represents the nation, and the nation is the people but also something else. The people are represented by the assembly and other thing, in our system, is the regions (territories). In countries which made the choice of bicameralism, this other thing can be different, for example in England the history of the British nobility is incarnated in the House of Lords, or the civil society in Ireland.

The second reason is biological: there are always more ideas in two heads than in one and the second chamber completes the role of the first through a permanent dialog instituted between the two assemblies.
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Welsh Assembly Member proposes Citizens Juries

From the BBC News:

Compulsory Welsh citizen ‘democratic duty’ call

Welsh citizens should be called-up for compulsory democratic service in the same way as “jury duty”, an AM has said.

Conservative David Melding said a second chamber of the assembly should be created for residents to influence decisions and laws.

Mr Melding said introducing a “citizens service” in Wales would help narrow the gap between politicians and the public.

He said it would help keep politicians and officials “rooted”.

The AM for South Wales Central said the growing distance between politicians and the public, and the lack of engagement was “very damaging”.

Speaking on BBC Wales’ Sunday Supplement programme Mr Melding said a “citizens’ service” should be introduced, in a similar way to jury duty, with residents randomly selected to sit on panels, including local health boards to look at how hospitals and GP services are run, and local town and county councils to have their say on new leisure facilities and bin collection changes.
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Debate at La Croix: Of what use is the senate?

La Croix has recently had an interview with Loïc Blondiaux about the idea of an allotted senate. A few days later, La Croix published two more pieces on this subject, one supporting the idea and one opposing it, under the title “Of what use is the senate?”.

Here is a translation of the ‘in-favor’ side of the debate. A translation of the ‘against’ side will be published in the upcoming days.

Fatou Tall : “The time has come for a citizen senate”.

Fatou Tall is a lawyer and a member of the Citizen senate collective.

What is useful is the bicameralism which divides Parliament into two distinct chambers. Within this framework we consider the way to respond to what appears to be currently a real emergency: revitalising our democracy, “radicalizing democracy”, to use the words of the constitutional scholar Dominique Rousseau. The senate seems to be the appropriate tool for introducing a citizen assembly and the mechanism of sortition at a time when many are questioning the appointment of senators via indirect elections. The idea is therefore to make the senate a chamber of allotted citizens which would be charged with co-creation of the law in concert with the National assembly, as is now the case.
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Threlkeld’s reply to Paul Lucardie

This is my reply to Paul Lucardie’s 2014 book Democratic Extremism in Theory and Practice: All Power to the People, regarding his questions, objections and comments about my 1998 proposal for democratic lawmaking.

In my reply I explain why Lucardie’s alleged category of “democratic extremism” is illogical and should be rejected.

I do not find the book’s objections to what I propose to be convincing, but I do find them and Lucardie’s questions interesting and worth replying to. For example, he suggests that compared to popular election, citizen juries waste political talent. I explain, in response, why popular election massively wastes political talent compared to the citizen jury proposals I have made.

In the course of replying, I outline much of my position on citizen juries, including details I have not published before, such as some further details about why the final say in lawmaking needs to be transferred to legislative juries, and about juries deciding how public decision-makers are chosen.

Excerpt:

Lucardie observes that: “Obviously, it is rather inconvenient if one wants to write about a phenomenon [democratic extremism] that by definition cannot exist [because it is a contradiction in terms].” (14.) Lucardie then tries to define “democratic extremism” in a way that is not a contradiction in terms, but he does not succeed.
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