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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Aftermath of the Irish Election

I recently ran in the Irish general election that was held on Feb. 26th as an Independent (Non-Party) candidate, campaigning on a platform of direct digital democracy.

As some of you may know, this election did not deliver a clear winner or even a clear coalition. A month on, a government has yet to be formed. While some prefer to see this as an argument in favour of the need for stronger government and an end to Independents like me, my view is that it is but one further indictment of the party system. The major parties did badly because they refused (for years) to listen to the people who voted for them, and utterly failed during their campaigns to credibly address any of the mistakes they had made or even to present reasonable solutions for the future. Despite these failures, rather than getting on with the business of governing the country, we are left in limbo waiting to see whether any of them (Fianna Fail, Fine Gael and Sinn Fein) will condescend to form a government with each other. This is a distinct possibility for Fianna Fail and Fine Gael, who between them received nearly 60% of all seats with less than 50% of first-preference votes. The constantly trumpeted line that the public voted for the establishment parties is thus wildly over-stated, and there has definitely been a serious push towards alternative politics.

I definitely noticed this while out canvassing, with most people at least open to the idea of more participatory politics and a surprising number already fairly well-informed about participatory initiatives at home and abroad. Most surprisingly of all, I could knock on people’s doors out of the blue and they would not only answer the door, but read through my literature there and then and really engage with the issues.
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Policy and representation

There are two activities that go under the heading “Public Policy”, one that concentrates on political processes, as we do here on this website, and the other that is the focus of university departments of Public Policy and numerous professional associations. The first group (call them PPs) are concerned with political processes of arriving at political decisions, the second (call them PNs) with identifying needs in the community and devising means of satisfying those needs.

The two hardly ever engage with each other. If they did, the PPs would no doubt say to the PNs: you are at best just paternalists, patching up holes in the status quo, arrogating to yourselves decisions about what others need. To which the PNs might reply: you PPs are just entrenching the power of existing adults to suit yourselves. You completely neglect the fact that the young are in no position to understand what lies ahead of them and many disadvantaged people are deprived of the means of understanding what it is that they need to overcome their disabilities. They depend on the ‘paternalistic’ interest of competent professionals to bring about the changes that will open up opportunities for them. With all due respect, you PPs, however benevolent, are not very good at that. Your concern is framed by your own experience and aspirations, drawn from your past, not by any understanding of the potential of the future. You just want to replicate yourselves.

There is a lot more to be said on both sides. I’m an old PP, but one of my daughters, both of whom I greatly admire, is a very successful PN in educational policy. More significantly, there is a lot of empirical evidence that adult representation leads to decisions that favour the old at the expense of the young. Especially as life expectancies increase, we oldies and potential oldies would outvote the young by large margins, if it were a question of deciding policy by voting. Such arguments as these challenge the supremacy of representation as the unique ground of legitimate intervention on behalf of others. I am talking here of debates on policy, not about the right to legislate or administer programs. Status in public debates is not a matter of authorisation of any sort, but of the validity of arguments.
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Sortition: the idea, the meeting, and a strategy

[Latest news from the Sortition Foundation blog]

There’s exciting news from the Sortition Foundation:

  • The idea: A new “compelling, inspiring” book on sortition, The End of Politicians, by director and co-founder of the Sortition Foundation, Brett Hennig, is being crowd-funded now by book publisher Unbound: https://unbound.co.uk/books/the-end-of-politicians

The-End-of-Politicians-screeenshot

  • The meeting: The first Sortition Foundation Annual General Meeting will be held at 6pm on Wednesday April 6th in central London. Venue to be confirmed depending on numbers, so please RSVP if you intend to come along.
  • The Strategy: A strategy meeting on how to progress the Citizens’ Parliament campaign (http://www.citizensparliament.uk/) will also be held on Wednesday April 6th from 1-4pm in central London. Exact venue will also depend on numbers, so please RSVP if you want to come along.

Read on for more details on all of the above.

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Irish senior coalition party wants more allotted bodies

During a recent presentation of their party’s government reform plans, four parliament members from the Irish senior governing party Fine Gael said that “the party wants ’randomly selected’ members of the public to review issues like climate change, Seanad Reform and the Eighth Amendment”, thejournal.ie reports. The report adds:

Fine Gael has previously suggested the issue of the Eighth Amendment could be put to a public forum similar to the Constitutional Convention.

The party has expanded on that with its proposal for a ‘Citizens’ Assembly’ consisting of members of the public who could carry out a “detailed review of a limited number of key issues”.

Their findings would be referred to the appropriate Oireachtas Committee and then to the government.

Marcella Corcoran Kennedy TD insisted that the Citizens Assembly would not be a ‘talking shop’ that would put issues like abortion on the long finger: “Because it would be established by the Oireachtas, you could set specific timelines so there’s plenty of scope there to make the Oireachtas involved to a greater degree with the result of the discussions of the Citizen’s Assembly.”

On the issue of climate change, Corcoran Kennedy said that putting it to a Citizen’s Assembly would help make the issue “part of the dialogue of every citizen in this country”.

Sortition and multiple authorities

There are often powerful considerations in favour of having distinct authorities with distinct jurisdictions and constitutions and procedures to address certain problems that are not well treated if approached from the point of view of the state, whether that word refers to nation-states or members of a federation.

An obvious case is that of a river system that impinges on many states in a long chain from the sources of the various streams that contribute to it to its final discharge into the sea, if it gets that far. What each state does or permits in the light of its own interests often impinges on many of the others, particularly those nearer to the end of the chain. One solution where all the states in question are part of the same federation is simply to hand the problems of conflicting interests over to the feds, who should be able to take an impartial view.

In practice that is often unsatisfactory. It may reduce the riverine interests to pawns in federal politics. It may lead to federal meddling in the whole range of state interests in land management to the detriment of those interests. Different federal authorities may intervene in ways that are influenced more by a desire to have a uniform policy on some matter across the federation than by attention to the particular problems of that river system. So it seems most desirable to have an authority that is focussed on arriving at good solutions to the complex problems, ecological, commercial, recreational and developmental that it throws up. In ensuring a balanced input into the decision processes of such an authority sortition on various bases is likely to give better results than standard voting practices. It is not just a matter of the divergent interests of the states, but of balancing various ecological considerations against each other and against a variety of commercial or consumer interests. I’ll return to this point below.

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Aspects of decision-making

1. Public affairs and rational ignorance.

The argument: It is rarely rational for anybody to vote or engage in some other political activities because the chance of influencing the outcome is so infinitesimal that it does not merit the slightest effort.

Reply. That is one consideration, but it is not only a false picture of the thinking of most people, but not the only rational consideration. Many, I think most, voters also recognise two other dimensions to their role as voters.

One is that they see voting as an expressive act and feel it is important to them to express themselves in this way. That is why opposition voters still turn out to vote in what is a safe seat for the incumbent party. Moreover, voters are concerned that in expressing their support for a candidate or a party they are ding something that reflects credit on them. So they are concerned to exercise what influence they can on that candidate or party to adopt policies that they find admirable.

Another reason why the selfish approach is not rational is that people quite rightly do not take an entirely selfish attitude to public goods. Their identity as members of a particular community is closely bound up with the quality of the public goods in which they can share as members of the community. So they do have an interest in the quality of the community’s educational institutions, even though they do not expect any particular pay-off to them from those institutions. Moreover, they are usually well aware that the sort of cost-benefit analyses that reduce benefits to measurable benefits to individuals leads to a penny-pinching approach to funding policy decisions that is often destructive and counterproductive in its effects. It is not rational.

That is not to say that it is improper in choosing to support one rather than another of competing proposals about, say, an educational program, to do so because it suits one’s own interests better. Practical decisions are rarely one-dimensional. They involve diverse, often competing, considerations in varying degrees in different contexts.
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