
Guillaume Drago, a law professor at Université Panthéon-Assas Paris II writes [original in French] the following in the Catholic monthly journal La Nef.
A democratic rock bottom
It is the time, it seems, of “participative democracy”, which has been described as “the collection of methods aiming to involve the citizens in the process of political decision making” [L. Blondiaux, on the site vie-publique.fr], and which could be defined as the direct participation of citizens in the creation of rules, and in particular legislation. It surely involves that when it concerns the “Citizen Conventions” for the climate and for the end-of-life question.
The composition of these “conventions” is the product of allotment which is supposed to be representative of the French population. The institution which organizes these conventions is the Economic, Social and Environmental Council (CESE, pronounced “se-zeh”), with a “governance committee” which, it is easily understood, is there to steer the discussions in the desired directions and an “oversight body”, for the end-of-life convention [The role of the oversight body is defined on the site of the “convention”: “The oversight body is tasked with ensuring respect for the essential principles of the Citizen Convention: sincerity, equality, transparency, respect for the speech of the citizens. The body also verify that the conditions guarantee the independence of the Citizen Convention”.] The assessment of a legal scholar of the use of “citizen conventions” cannot avoid being severely negative, for several reasons.
The first is that these bodies are neither constitutionally nor legally recognized. No provision of our constitution discusses such a device for preparing or for participating in deciding laws or regulations. The law is silent on this type of device and it is unclear why the members of parliament would wish to give up some of their legislative power in favor of the citizens whereas those citizens have duly elected the members of parliament in order to represent them… For those two “conventions”, a simple letter of the prime minister to the president of the CESE is all that justifies their existence. They are then associated with what one of the sites of the “conventions” calls the “third Assembly of the Republic, and a legitimate player acting as an independent constitutional assembly, whose task is to be a juncture of citizen participation”. Good heavens! Such responsibility!
Continue reading
Filed under: Academia, Applications, Press, Sortition | 12 Comments »

Hugh Pope writes:
French political scientist Yves Sintomer has published
the Stranger, perhaps Seattle’s most widely read newspaper, has recently published an
Hugh Pope has