Nick Clegg calls for sortition-based constitutional convention

Writing in the Sunday Times in the aftermath of the Scottish Referendum, deputy prime minister Nick Clegg proposes a citizen-jury based constitutional convention:

I welcome Labour’s decision to embrace the long-standing Liberal Democrat call for a constitutional convention — but it needs a precise mandate, beginning next year and concluding in 2017. It should have a citizen’s jury at its heart, representing every corner of the UK. One area it will need to address is the future of the House of Lords, which, in my view, would better serve people as an elected second chamber, in keeping with federal systems across the world. Ultimately, however, it will not be up to politicians — this process will be led by the people.

It’s often puzzled me that politicians are eager to use sortition as a way to determine complex constitutional issues, but we can’t be trusted to make everyday political decisions (the price of bread, tax rates, invading foreign countries, gay marriage etc). Clegg’s proposal also appears to confuse the notion of a jury (which determines the outcome of a debate) and political leadership — “this process will be led by the people” — reminding one of Ledru-Rollin’s epithet: “there go the people, I must follow them for I am their leader”. We won’t make any progress until the conceptual and practical distinction between these two aspects of politics (leadership and decision-making) is respected. In a democracy, political leaders can propose and advise but they should not determine the outcome — the decision should be in the hands of a statistically-representative microcosm of the citizen body. The problem in this particular instance, of course, is that English citizens would outnumber those of the other nations of the UK by an order of magnitude and the English would be unlikely to accept numerical parity between the nations (i.e. 1/4 of the composition of the citizen jury). So sortition, in this case, would only make the problem worse.

A policy jury is “innovative, genuine democracy”

Noosa Council, Queensland, Australia:

A Noosa Community Jury of 24 randomly selected citizens will be used to consider certain complex and weighty local issues. Council could either ask for a recommendation, or in some circumstances Council may agree beforehand to implement the jury’s decision.

Mayor Noel Playford says the Community Jury will not take over the Councillors’ role, but will complement their work when everyday citizens, given time and access to all the information they need, in independently facilitated forums, can make an informed decision that earns community trust.

A citizens’ jury statistically reflecting the whole community will be randomly selected by an independent agency, not by the Council.

“These are the vital ingredients” Mr Playford said, “random selection, time and access to information and facilitated forums, independent of the Council.”

The Mayor described the jury as “innovative, genuine democracy”.

“In the de-amalgamation battle, our community was not just fighting for the return of their council, but also for a bigger say in local decision-making.”

The new democratic structure in Noosa will be organised in partnership with the newDemocracy Foundation, a respected, national research foundation made up of former leading politicians and academic experts in the field.
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Vernon Bogdanor calls for sortition

The Sunday Times has published a pull-out on the Scottish Referendum and asked Vernon Bogdanor (David Cameron’s politics tutor at Oxford, now professor of government at King’s College London and the UK’s leading constitutional expert) to examine the consequences of the Referendum for the rest of the UK. Here’s an excerpt from his article:

The Next Question: Should England have a new Magna Carta?

Here is one suggestion. The Scottish referendum has released a hitherto submerged civic spirit, especially among younger voters. That spirit could also be tapped in England.

Suppose a small proportion of councillors — say 5% or 10% — were to be selected randomly by lot from the electoral register. Those chosen could refuse to serve, but most would probably do so and would include the young and members of ethnic minorities, groups markedly underrepresented in local government.

Those selected would be genuine independents, deciding what was best for their communities without being beholden to party. They would undergo a valuable form of civic education with beneficial consequences for local democracy. Local government could begin once again to become representative government.

Bogdanor reviewed both of my books on sortition — the first time (The Party’s Over) quietly ridiculing it and the second time (A People’s Parliament) agreeing that sortition is something that should be investigated at the local level.

The Blind Break, the Invisible Hand and the Wisdom of Crowds: The political potential of sortition

[Update: Commenting was accidentally initially off, enabled now.]

Draft paper:

Abstract: Following (Waldron, 2013), this paper draws a distinction between ‘social’ and ‘political’ variants of sortition, focusing principally on the latter. The two leading theories – the ‘blind break’ and the ‘invisible hand’ of descriptive representation – rely on different principles, focus on different levels of analysis (individual and collective) and have little in common. The attempt by epistemic democrats to bridge the gap via small-group face-to-face deliberation fails on account of the lack of concern for statistical representativity and the lack of distinction between the different roles of advocacy and judgment (proposing and disposing) in political decision-making, sortition only being relevant to the latter function.

This is derived from the paper that I presented at the recent IPSA Montreal conference, where I was encouraged to write it up and submit to a journal. I’d really appreciate comments and criticisms via this forum. Here’s the full draft (click the download button on the right).

‏‎J’ai pas voté

J’ai pas voté is a documentary by Moise Courilleau and Morgan Zahnd. It is “an autopsy of French democracy aiming to create a new opportunity for growth of a new era of political organization”. Among those featured are Loic Blondiaux, Yves Sintomer, Jean-Paul Jouary, Jacques testard, Bernard Manin, Etienne Chouard, and Hervé Kempf.

The film is English subtitled.

The tired democracy

A discussion with Etienne Chouard and David Van Reybrouck under the title “The tired democracy – what are the solutions?” was held in Brussels in April. A video of part of the meeting is available. Unfortunately, the audio quality is rather poor.

Below is Ahmed Teleb’s English summary of the talk (Thanks!).
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A democratic republic

This essay was originally published in 2008 in the Australian e-journal ON LINE opinion.

My fellow Australians,

You know that the question of whether Australia should become a republic has been as yet unresolved. The motivations for becoming a republic are many, but the most important has always seemed to be that Australian culture and politics are, at their best, democratic and egalitarian, while monarchy is not. Why is our head of state chosen by accident of birth? And, why can’t the head of state be someone born poor, or Catholic, or black or even Tasmanian?

Australia has a history of leading the way in being the most democratic, free, and equal society in the world.

We, along with New Zealand were the first to achieve women’s voting rights. We insisted, when it was unheard of anywhere in the world, that a man should be able to vote no matter how much he earned or owned. We have always been inclined to greater democracy and fairness. So, we are embarrassed by the institution of monarchy, and most of us wish to abolish it.
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A proposal to solve a very urgent problem – part 2 of 2

The first part is here.

There are very many matters that need to be regulated by independent international authorities, most obviously the international movement of money. Trafficking in money is worth more than the sum of all other international trading. Money makes money without being involved in any productive process. Many economists believe that some of the worst features of this situation could be removed by imposing a very small tax on such transactions. But it is difficult for any state to do so in the absence of any international authority in the matter. Choosing the personnel of a competent, independent and recognised authority by lot from a pool of nominees, subject to appropriate conditions and safeguards, is a key element in setting up the required kind of body. However, different procedures will be needed in different contexts.

One problem with simple sortition is that in situations where a large relatively homogeneous majority is accompanied by a number of differing minorities a sample that simply reproduces their numerical distribution may lead to a decision pattern that is very unfair to the minorities. The problem is distressingly familiar. Ultimately, reducing its salience is a matter of breaking up totalizing communities, not to destroy them as communities, but to enrich them by emphasising the variety of people within any community and their multiple connections to similar people in other groups. Community is never reducible to uniformity or to any single objective.
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A proposal to solve a very urgent problem – part 1 of 2

Global action on the global problem of human-induced climate change is stalled. In most countries action has become a victim to internal politics and also to the absence of any international authority capable of organising a concerted response. Everybody waits for others to do something.

The politics involved in the workings of the UN prevent it from providing a solution to the absence of an international authority, and attempts to get one set up by treaty seem hopeless.

In this situation even the scientific authority of the IPCC (International Panel on Climate Change) has come into question. It is alleged to be biased and complicit in the attempts of certain vested interests to exploit fear of catastrophe. Also it is not effectively answerable to anybody. There is obviously not just some plausibility but some substance in these accusations.

There is no doubt that everybody who works for the IPCC is already convinced that climate change is dangerous and that it is at least exacerbated by our use of fossil fuels. They want to find more evidence for their view. They may be nominally responsible to the UN, but in practice that is illusory.
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Kleristocracy and Neoconservatism: Spot the Difference

Kleristocracy is a term, coined by Jon Roland, for the concentration of political power in sortition-based systems, and has been advocated by a number of commentators on this blog. It’s struck me recently that this has a lot in common with the neoconservative worldview that has led to such disastrous outcomes in (for example) Iraq and Libya and I want to use this post to explore the parallels.

Neoconservatives argue that the goal of foreign policy is the liberation of oppressed nations from tyranny – ideally through their own efforts, if not then with a bit of help from the “forces of freedom” – followed by the institution/imposition of democracy, enabling the self-organising powers of “the people” to operate in an unfettered manner. Kleristocrats also argue that “the people” should be liberated from tyranny (of the rich and powerful) and empowered by “real” democracy – the only difference between kleristocrats and neoconservatives being the use of an alternative balloting method.
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