Spectator call for nomothetai to decide Britain’s membership of the EU

Posted on May 30, 2013 by keithsutherland

Sir: Peter Jones (25 May) is right to draw an unfavourable comparison between ancient and modern democracy, but he is focusing on the wrong institution. The Athenian council was merely the secretariat for the general assembly, and the legislation passed by the assembly was often as erratic as modern referenda. After the restoration of democracy in 403 bc, legislation was entrusted to nomothetai — large randomly selected juries that, unlike modern parliamentarians, were obliged to listen to the arguments of well-informed advocates for and against the proposed law before deciding the outcome by secret vote

If David Cameron wants the people do decide. . .

read on: http://www.spectator.co.uk/the-week/letters/8921081/letters-285/

This proposal, written in response to André Sauzeau’s proposal for minimal reforms, was submitted as an article (see below) and originally accepted for publication by the Spectator, but ended up cut down into a short letter. The Spectator website has a comments section, so suggest we use that as an opportunity to kick-start the conversation on sortition there, rather than commenting on this forum.

Full article:

Put the EU on Trial

By Keith Sutherland

The answer to Britain’s EU problem is not a public referendum, it’s an adversarial judicial inquiry in front of a large citizen jury, selected by lot

The success of UKIP in the recent elections has led to unprecedented soul searching within the political class in general and the Conservative Party in particular, with no fewer than three former cabinet ministers arguing that Britain should leave the EU. David Cameron has committed the party to a referendum on EU membership, but the public often just use referenda as an excuse to put two fingers up to the government. There is an urgent need to find a more reliable mechanism to allow the people to make a well-informed decision on what is arguably the most important issue in contemporary politics.
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Filed under: Action, Athens, Juries, Press, Proposals, Sortition | 11 Comments »

Sortition for a constitutional assembly

Posted on May 14, 2013 by Yoram Gat

Nikita Malo proposes selecting the members of a constitutional assembly using sortition:

Why constitution, why sortition?

Constitution is central to political systems; it is mainly aimed to define power. Who make the new laws? What powers have citizens? How are chosen deputies? What are their obligations?

We do not know yet what the new constitution will be (even though it could be possible to define a new constitution first, and then to support and empower it), but what is crucial is that a constitution has not to be written by the politicians, or they will write their own rules, and so be able to take advantage of the situation. That is why sortition is supported in this article, as a way to avoid conflicts of interests. On that question, I recommend this video.

Filed under: Proposals, Sortition | 62 Comments »

The Looking at Democracy contest has opened public

Posted on May 7, 2013 by Common Lot Sortitionist

The Looking at Democracy contest has opened public voting until 16 May. I have three 3-minute video entries promoting sortition. Please vote for one.

Towards a Two Legged Democracy

Making Democracy Real – The argument for legislative juries

Making Democracy Reality

Filed under: Action, Proposals, Sortition | Tagged: Congress, democracy, government_by_the_people, legislative_juries, Looking_at_Democracy, random_selection, sortition, voice_equality | 4 Comments »

Poulin-Litvak: Sortition as a means to fight corruption

Posted on April 28, 2013 by Yoram Gat

A new paper by David Poulin-Litvak has the following abstract:

Electoral democracy is in crisis. The use of sortition in our political systems could be a key to renewing and deepening democracy. But how to do so? And where to start? In this paper, I explore the idea that using sortition to address the problem of corruption could be a first step. Why? For two reasons. First, corruption of elected officials is an internal inconsistency of electoral democracy – it cannot be resolved adequately through electoral institutions. Second, there is also a large consensus on the fact – everybody agrees – that corruption is a problem.

I suggest granting the power to convene an Investigation Commission to a randomly selected citizen body. This body should also nominate the Commission’s head and receive its recommendations. I also discuss the idea of a Citizens’ Court to directly address the problem of corruption of elected officials. This broad jury would judge and sanction corrupted elected officials. Taking Quebec’s ongoing corruption saga as an example, I also try to see how the system would work in reality and, finally, where the system, once put into place, could lead to.

Filed under: Academia, Proposals, Sortition | 4 Comments »

ParPolity

Posted on April 27, 2013 by Yoram Gat

Tomas Mancebo wrote to point out a proposal for a constitutional system by Stephen Shalom called Participatory politics, or ParPolity, which contains a sortition-based element.

The main part of the proposal is a “nested councils” structure – a standard proposal of a hierarchical structure of elected bodies where each body elects a representative to a higher-level body:

Unlike typical direct elections, a good political system must give people an organic connection to those they elect so they can adequately monitor their performance and remove them when necessary. There cannot be large or remote constituencies that render monitoring impossible or even burdensome.

Unlike typical indirect elections, a good political system must ensure that the people’s will does not get attenuated through each intermediate level of voting.
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Filed under: Academia, Elections, Proposals, Sortition | 4 Comments »

Minimal Reforms

Posted on April 23, 2013 by keithsutherland

AhmedRTeleb:

“What minimal reforms would you like to see implemented given the reasons you advocate for sortition?”

The subject of this sentence is “minimal reforms”, so this would indicate an emphasis on practical implementation (or, even, incrementalism), as opposed to a blueprint for the New Jerusalem, Utopia, New Atlantis, Aleatoria or the Republic of Politdoche. The latter would require a different strand with a focus on utopian literature, revolutionary pamphlets, polemical tracts, diatribes and science fiction. I suggest also that if we are going to comment on other people’s suggestions we should avoid the use of sarcasm, sloganising and name-calling. (Note, though, these are only suggestions, rather than [authoritarian] edicts.)

Filed under: Action, Applications, Initiatives, Proposals, Sortition | 19 Comments »

Readers’ responses

Posted on April 1, 2013 by Yoram Gat

This is my summary of points raised in the comment thread for my article in Haayal Hakore.

Representativity of sortition

Would the sampled delegates produce representative policy?
1. Would they bother to spend the effort to study public policy?
2. Wouldn’t they be easy to manipulate?
3. Wouldn’t they be easy to bribe?
4. Wouldn’t they promote narrow interests, hoping to be rewarded later?
Since there are many population characteristics, the sample would be unrepresentative according to some of those.
If people can opt out, then shy people and people with interesting personal lives would be under-represented.
The training and service experiences would likely cause people to change their minds about various issues and in this way become unrepresentative.
Sampling probabilities – how likely is misrepresentation due to chance variations?
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Filed under: Elections, Proposals, Sortition | 9 Comments »

Sortition: a democratic alternative to the electoral system

Posted on March 27, 2013 by Yoram Gat

In order to achieve representative government political officers must be selected as a statistical sample of the population

This essay is an English version of an essay of mine that was recently published in Hebrew on the Israeli website Haayal Hakore. A lively discussion followed in the comment thread. I hope to pursue some the topics raised by commenters in upcoming posts.

2011 has seen an outpour of popular frustration with government. Mass demonstrations erupted in both Arab countries and Western countries. Over a year later, it appears that the results of the Arab Spring are very different from the results of the Western protests. While in some Arab countries the protests led to an overthrow of the government and significant political changes, the protest in the West dissipated almost everywhere leaving very little impact on the political structure. (Some claim that the protests in the West increased public political awareness and activism, but even if such claims are to be believed, political institutions were unaffected; the only exception is Iceland where some structural change has taken place.)

The difference between the outcomes in Arab countries and in the West can be explained by a fundamental difference in the agendas of the protests. The protesters in the Arab countries had a very clear and specific demand – removing an unelected, or only nominally elected, government and establishing an electoral system similar to the Western model. The Western protesters on the other hand expressed discontent with government policy, but had no clear demands about how things should be changed. The general message of the protest in the West was that public policy is not as it should be – it is serving the elites (“the 1%”) rather than serving the bulk of the population (“the 99%”). But while policy demands were sometimes presented (with varying degrees of coherence and emphasis) no program was laid out of how government should be changed in order to promote policy change.

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Filed under: Elections, Proposals, Sortition | 97 Comments »

Plato: The equality of the lot

Posted on March 22, 2013 by Yoram Gat

Badiblogger draws attention in a comment on the Literature page to the fact that Plato’s Laws discusses sortition.

In a passage in book VI Plato explains that it is sometimes necessary – contrary to the requirements of justice – to bow to popular pressure and use “the equality of the lot”:

The old saying, that “equality makes friendship,” is happy and also true; but there is obscurity and confusion as to what sort of equality is meant. For there are two equalities which are called by the same name, but are in reality in many ways almost the opposite of one another; one of them may be introduced without difficulty, by any state or any legislator in the distribution of honours: this is the rule of measure, weight, and number, which regulates and apportions them. But there is another equality, of a better and higher kind, which is not so easily recognized. This is the judgment of Zeus; among men it avails but little; that little, however, is the source of the greatest good to individuals and states. For it gives to the greater more, and to the inferior less and in proportion to the nature of each; and, above all, greater honour always to the greater virtue, and to the less less; and to either in proportion to their respective measure of virtue and education. And this is justice, and is ever the true principle of states, at which we ought to aim, and according to this rule order the new city which is now being founded, and any other city which may be hereafter founded. To this the legislator should look – not to the interests of tyrants one or more, or to the power of the people, but to justice always; which, as I was saying, the distribution of natural equality among unequals in each case. But there are times at which every state is compelled to use the words, “just,” “equal,” in a secondary sense, in the hope of escaping in some degree from factions. For equity and indulgence are infractions of the perfect and strict rule of justice. And this is the reason why we are obliged to use the equality of the lot, in order to avoid the discontent of the people; and so we invoke God and fortune in our prayers, and beg that they themselves will direct the lot with a view to supreme justice. And therefore, although we are compelled to use both equalities, we should use that into which the element of chance enters as seldom as possible.

Filed under: Athens, Books, Proposals, Sortition | 9 Comments »