Sortition and stronger executive power?

Can sortition facilitate stronger executive power?  I think it can, and in a way that results in more effective implementation of left public policymaking.

The traditional Marxist literature refers to the combination of legislative and executive power as a means of facilitating worker-class rule or broader popular rule, yet has not taken into account a key development in executive power itself in the 20th century: the war cabinet.

It is this particular form of government that poses strategic questions of power, not traditional legislatures, not town hall meetings, and not strike committees.  Its contemporary application is diverse, from the early and wartime Soviet governments, to the early government of the People’s Republic of China, to the first seventeen years of Cuba’s government after the Cuban Revolution, to Churchill’s wartime cabinet.

The initial approach to all this government stuff is this: redefine the relationship between (a) public policymaking, (b) legislative power, (c) governmental executive power, (d), ceremonial and other prerogative power, (e) civil administration, and (f) “legislating from the bench” (judicial review regarding constitutional law) on the basis of random sortition.  Drilling down, I will focus on the combination of (b), (c), (d), and at least part of (f) in either one unified organ or parallel organs.

(For the purposes of this discussion, I’ve broken down the conventional view of “executive power” into its three functional components: (c), (d), and (e).)
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Senior French politicians propose allotted institutions

Back in June Arnaud Montebourg, who had served as Minister of the Economy in the years 2012-2014 and who is considered a potential presidential candidate in 2017, proposed, among other reforms of the French system aiming to “rebuild the trust” between the French people their political class, to have the Senate re-purposed to serve as a supervisory body and have its members selected by lot:

Could not the Senate, instead of being an end-of-the-career institution, be an allotted assembly, without legislative power because it is not representative, but with a supervisory role?

[My translation here and below.]

Now Emmanuel Macron, Montebourg’s successor as Minister of the Economy and possibly a presidential candidate in 2017 as well, has his own proposal for creating an allotted supervisory body:

The creation of a citizens’ commission

Each year, the president of the Republic has to appear before a citizens’ commission to be held to account, possibly supported by the Court of Audit. The former minister envisages the possibility of using allotment. This would allow the recreation of a little “political hygiene” in the system. For creating a democratic debate “which does not exist today”.

Crowdfunding Anthony Barnett’s WHAT NEXT: Britain after Brexit

unboundAnthony Barnett’s new book WHAT NEXT: Britain after Brexit is available for pre-order on Unbound. He writes:

Dear Fellow Kleroterians!

Thank you for permitting me to join you on this blog. I’m writing with a shameless request, but in this post-Brexit world being polite and submissive and deferential in a British way seems to be for the birds. Towards the end of the last century I wrote a paper suggesting that a section of the upper chamber should be selected by lot. Peter Carty got in touch with me, as he had been writing a paper on similar lines. We developed it into a publication for Demos, then directed by Ian Christie, published in 1998. Ten years later we turned it into a book, The Athenian Option: radical reform of the House of Lords, published by Imprint.

There was a moment I’ll never forget – which we write about in the book. In order to put replacing the Lords into the long grass, Tony Blair created a Royal Commission in 1999 to take evidence across the country. Because our Demos paper had caused a stir we were invited to give evidence. On the way into the session I found myself in a small lift with one of its senior members, Douglas Hurd, at that point Baron Hurd of Westwell. He had been close to Edward Heath, had been Foreign Secretary under John Major, who he had failed to beat for the Tory leadership. A grandee, I think, was the term at the time. the very opposite of the kind of regular person who would have been chosen had the Commission been selected by lot.
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Initiative in Switzerland calls for a referendum on “elections by sortiton”

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Harald K. calls attention to an interview with Charly Pache, a Swiss political activist, in the Pirate Times. Pache is one of the founders of the group “Génération Nomination” which aims to introduce sortition to the Swiss government. In the interview he makes an explicit proposal: replace elections with sortition as the mechanism for selecting the Swiss legislature.

Excerpt:

Pirate Times: What is “Generation Nomination” initiative?

Charly Pache: Generation Nomination is a Swiss based movement that wants to empower every citizen to be an active element of democracy, by introducing a system called ‘sortition’ in which members of the legislative are no more elected but randomly selected among all citizens, hence to give equal chances to all to be a player in the political decisions, no matter how rich or connected the citizen is. We are active on local, regional and national levels, with good connection with direct democracy NGO’s, academics and activists around the world.

Pirate Times: When did it start and what are its aims?

Charly Pache: We launched Generation Nomination publicly in 2015 after two years of preparation. The European Convention on Human Rights (ECHR) does not ensure the right to democracy but barely to ‘free elections’, what in fact shrinks the exercise of democracy to only elections… this is a very poor definition, as democracy is a lot more than ‘elections’: it’s about participation of all citizen, debating, informing, building political competences among the population. Furthermore, elections are of aristocratic nature, not of democratic essence. We want to broaden the ECHR with the right to democracy.

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“Limiting who can vote”

Ripples from Van Reybrouck’s book made it across the Atlantic and into the Washington Post where Dutch professors of political science Eric Schliesser and Tom Van Der Meer see fit to discuss his proposals for using sortition together with a proposal to “disenfranchise the ignorant to slant political rule toward experts”. They write:

Both [proposals] limit who can vote and seek to stimulate apolitical and rational decision-making:

1) Representatives by lottery. Belgian author and cultural historian David Van Reybrouck suggests abolishing elections and appointing representatives by lottery instead. Van Reybrouck’s proposal extends the principle of sortition — how juries are appointed — to the legislature: Randomly selected citizens would reach the optimal decision via deliberation, supposedly without a need to be bothered with politicking. When their term is up, they go home.

2) Experts as representatives. Philosopher Jason Brennan at Georgetown University suggests disenfranchising the ignorant to slant political rule toward experts. His proposal recently received favorable discussion in The Washington Post. Inspired by Plato, the rule by properly trained experts, or epistocracy, would prevent politicians from being easily swayed by moneyed interests and demagogues.

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Why Citizen Juries should decide Canada’s Voting Method and Election Rules


A brief by Simon Threlkeld to Canadian House of Commons Electoral Reform Committee, July 26, 2016, briefly explains why election rules, including those setting out the voting method, should be decided by jury, not by politicians or a referendum, and how such a jury approach to democratically deciding election rules could work.

4. Were there no good democratic alternative to politicians deciding the election rules, then perhaps we would be stuck with that very flawed approach. However, there is an excellent and highly democratic way to decide the rules, namely by using citizen juries, or as they can also be called, minipublics or citizens’ assemblies.

(In his brief to the Committee Dennis Pilon has some interesting things to say about referendums and how electoral reform in Canada has long been blocked by the self-interest of politicians. All of the briefs the Committee has posted so far at their website are good, it seems to me. Mine is so far as I know the only one they have received recommending that election rules be decided by citizen juries.)

Could we rebuild our post-Brexit democracy by modelling it on the jury system?

Andreas Whittam Smith, founding editor of the Independent, argued recently that ‘a cross-section of society that is informed can act more coherently than an entire society that is uninformed’:

In fact, the jury system, with its random selection of jurors from the local community and their thorough briefing as result of the hearing and challenging of evidence, has often been examined as providing a model for democracy. David Van Reybrouck has just written a book, Against Elections: the Case for Democracy. He argues against what he calls “electoral fundamentalism”, an unshakeable belief in the idea that democracy is inconceivable without elections, and elections are a necessary and fundamental precondition when speaking of democracy.

Whittam Smith read my book A People’s Parliament when it was published in 2008 and wrote to me saying that he agreed with the general thrust of the argument, but he clearly disagrees with the title of Van Reybrouck’s book, as he describes himself as an ‘electoral fundamentalist’. David, of course, does not wish to replace elections with sortition, and this would suggest to me that Kleroterians would be well advised to avoid rhetorical language that might lead to such a conclusion.

Sortition is good for investor confidence

The Australian Broadcasting Corporation reports:

SA Nuclear dump debate to go before citizens’ juries

South Australia will randomly select 400 people to sit on citizens’ juries to consider the state’s approach to its nuclear future.

The juries are part of a public relations exercise Premier Jay Weatherill said would cost less than $1 million this financial year and there would be additional spending after that.

The announcement came a day after the Nuclear Fuel Cycle Royal Commission report said plans for a high-to-intermediate-level waste dump should be actively pursued, if the public wants it.

Mr Weatherill said it was important to have “the fullest and most mature debate that we can possibly organise”.
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Arash Abizadeh: Take electoral reform away from politicians and let citizens decide

David Schecter wrote to point out an article in the Canadian Globe and Mail by Arash Abizadeh, a professor of political science at McGill University:

Take electoral reform away from politicians and let citizens decide

Prime Minister Justin Trudeau campaigned on a promise to change the way we elect Parliament. Here’s the problem: letting politicians who won the last election decide future election rules is like letting the team who won the last playoff game decide rules for the next game. There’s an obvious conflict of interest. Electoral rules determine who forms government, and different rules favour different parties.

[…]

One solution is a referendum. But the Liberals have ruled this out. Maybe they’re right to do so. Referenda are expensive, few Canadians care much about electoral reform, and fewer still will cuddle up with a treatise on voting systems this Sunday evening. A referendum might be a big waste of money in which few vote and fewer still care to learn about the pros and cons of alternative electoral systems.

But without a referendum, how could electoral reform be legitimized? We need a manifestly fair procedure – a neutral body, unbeholden to politicians, that will reasonably evaluate the alternatives.

Fortunately, political scientists have a solution that fits the bill – a randomly selected citizen assembly. The idea is this: randomly select a few thousand Canadians, ask if they are willing to serve, and, from those saying yes, randomly select 100 to 200 to serve on an assembly empowered to determine federal election rules.
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Gutting: Should Everyone Vote?

An op-ed piece in The New York Times by Gary Gutting, a professor of philosophy at the University of Notre Dame:

At election time we inevitably hear earnest pleas for everyone to vote. Voter participation is a data point often cited in political studies, along with an assumption that the higher the percentage, the better: 100 percent participation is the goal. But we rarely question this belief, or objectively consider whether everyone who can vote ought to vote.

The author then outlines the problems of mass democracy, including ‘trumpery’, plutocracy and rational ignorance, and attempts to justify voting as an act of participatory solidarity. But he goes on to consider sortition as an alternative:

At least one political philosopher has put forward the radical idea that we could ensure informed voters by employing an “enfranchisement lottery.” Such a lottery would restrict voting to a randomly chosen group of citizens who are provided unbiased in-depth information relevant to an election. We can think of this approach as a matter of modeling our voting on our jury system. We would never accept deciding important and highly publicized trials by a vote of the general public. We think only people fully informed of the facts and relevant arguments put forward in a trial should make such important judgments. Shouldn’t we be at least as careful in deciding who should be president?

Notice that answering yes does not imply the elitist view that only a small minority of citizens are capable of making informed votes. The idea is not that voters are too stupid or biased to access the needed information; it’s just that they don’t have the time and resources to do so. Ideally, we would provide everyone with the relevant knowledge, but that would be impractical, time-consuming and expensive.

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