Antoine Bevort: Chouard and democracy: an intellectual and political fraud

The following is my translation of a recent article Antoine Bevort in the online French publication Mediapart. Like Tommy Lasserre’s Sortition in politics – the false good idea, which appeared in Mediapart two years ago, the article is a critique of Chouard and his proposals. Bevort makes some similar points, but, unlike Lasserre, doesn’t focus solely on sortition, and when he does discuss sortition he often deals with implementation details rather than with the principle itself to which he is not wholly hostile. Bevort also relies much less than Lasserre on canned Leftist rhetoric. As a result of those differences more of his punches land on target.

Chouard and democracy: an intellectual and political fraud
29 June 2016 Antoine Bevort

Étienne Chouard presents himself as the scholar of “real” democracy. His proposal of allotting of a constitutional assembly is however a fraud. It incorporates general principles which can be embraced, at least in part, but rests on largely specious argumentation, eventually leading to a strange and dogmatic conception of democracy.

Chouard considers himself the guru of “real” democracy. He feels he has found the “cause of causes” of the political crisis (“the political disempowerment of the citizens”) and proposes as a solution the allotment of a constitutional assembly. In his analyses, Chouard invokes general principles which can be embraced at least in part, but advances mainly through theoretical and historical shortcuts, simplifications or even misinterpretations, and through blunt claims and assertions. His dogmatic propositions are based on largely specious argumentation and lead eventually to a strange philosophy of democracy.

In order to deconstruct this rhetoric of mystification, we use a conference video available online[i], a text on the Gentils Virus website whose contents are very similar to those of the conference, as well as on the wiki of this organization, and particularly on the constitution drafted by Chouard. We first discuss his analysis of the existing political system, his claims that “we are not living in a democracy yet” and that “an electoral system is not a democracy”. Then we examine his conception of the “true democracy”, and his proposal of drawing by lot a constitutional assembly. We conclude with the mode of action which Chouard, the Gentils Virus (GV) and Les Citoyens Constituants (LCC), two organizations which promote his ideas, are pursuing.
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Workshop on sortition for the Canadian parliament at the CSDC

The Centre for the Study of Democratic Citizenship (CSDC) at the department of Political Science of McGill University is holding a workshop under the title “Representation, Bicameralism, and Sortition: With Application to the Canadian Senate” on December 9.

This workshop will bring together social scientists and philosophers with two aims: critically to evaluate our theoretical and empirical knowledge of the relative merits and defects of using sortition to select representatives to the second legislative chamber of bicameral representative democracies like Canada; and to contribute to public debate in Canada about Senate reform by evaluating the desirability of reconstituting the Senate as a randomly selected Citizen Assembly.

Papers will be presented by Equality-by-Lot contributors Peter Stone and Alex Guerrero, as well as by McGill professor Arash Abizadeh. It turns out that Prof. Abizadeh gave a seminar on “Democracy, Representation, and Sortition” in the 2016 winter semester.

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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