Cutting through the Brexit cacophony

In April 2016 — before the Brexit referendum — I posted an article on Open Democracy calling for a deliberative alternative based around a citizen’s jury. The UCL Constitution Unit has now adopted a similar approach to deciding what form Brexit should take, as reported by James Blitz in the Financial Times:

The Constitution Unit at University College London has tried to fill this gap. Together with the think-tank UK in a Changing Europe, it recently brought together a “Citizens Assembly” of 50 voters. The group reflected a careful cross section of how people voted at the referendum (25 voted leave, 22 voted remain and three did not vote). The group spent two weekends listening to, and taking part in, a balanced debate on Brexit with the involvement of political speakers, academics and other experts. They were then asked to decide how Brexit should proceed in four votes on specific aspects of the negotiation.

Full article

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Legislature by Lot

[Note: this has been adapted from an orginial blog post here: http://www.bretthennig.com/legislature_by_lot]

legislature

From Friday to Sunday this weekend (September 15-17) the co-founder and director of the Sortition Foundation, Brett Hennig, will be joining a group of academics, researchers and activists gathering at the University of Wisconsin-Madison to discuss the pros and cons of a “Legislature by Lot” – a parliament, senate or congress selected by sortition.

The workshop is being organised by Professor John Gastil (Penn State) and Professor Erik Olin Wright (University of Wisconsin-Madison) who have drafted the principal proposal that attendees are responding to. Their proposal is for a bicameral legislature where one chamber is elected and one is selected using sortition.

Deepening Democracy CoverThe intended outcome of the workshop will be a book whose prospective title is “Legislature by Lot: An Alternative Design for Deliberative Governance”, to be published by Verso as part of of the Real Utopias series.

The workshop will be attended by many well know academics and practitioners in the field of deliberative and participatory democracy, including Lyn CarsonNed CrosbyJim FishkinArchon FungJane MansbridgeYves SintomerGraham Smith and many others.

Workshop session titles include “Legislatures by lot in the context of major democratic reforms”, “From deliberative to radical democracy? Sortition and politics in the 21st century”, “On democratic representation and accountability” and “Random assemblies for law-making? Prospects and limits”.

It promises to be an interesting and stimulating weekend of discussion about if and how sortition should be introduced into the legislative branch of government – and the resulting book (probably appearing in late 2018) should make a major contribution to the debate about radical but achievable changes that could be made to better our democracies.

Sortition – doing democracy differently | Brett Hennig | TEDxDanubia

I gave a TEDx talk on sortition a few weeks ago – the video has just come out…

The Paradox of Democratic Selection: Is Sortition Better than Voting?

Book chapter just uploaded to academia.edu by Anthoula Malkopoulou

Sortition, or the selection of political officers by lot, has its antecedent in the direct democratic tradition of ancient Athens. Its transfer into a modern context of representative democracy poses rightful scepticism not only about the practical difficulties, but more so about the theoretical inconsistencies that arise. Modern systems of political representation are based on the aristocratic idea of ‘government by the best’, who are to be selected through a competitive call for candidates (Manin 1997). Sortition, on the other hand, replaces this aristocratic criterion of competition and evaluative election with the democratic mechanics of direct and equal distribution of political office by chance. Hence, the very expression ‘democratic (s)election’ includes a paradoxical contradiction in terms, between the democratic concept of equal access to public office and the aristocratic idea of government by the (s)elected best. My aim in this chapter is to shed some light on this contradiction by critically discussing the benefits and pitfalls of using sortition today, comparing it throughout the chapter with voting and the general effects of electoral representation.

Full text

New Law Requiring Deliberative Poll Process for Constitutional Amendment in Mongolia

Here is an email from today (May 3, 2017) from James Fishkin to the National Coalition for Dialogue & Deliberation (NCDD) listserv:

Dear all: I am just off the plane from Mongolia where a national Deliberative Poll considered several proposed elements of a constitutional amendment, as now required by law. National random sample of 669 deliberated a whole weekend and produced results, now with the parliament. Here is a pre-event press report and video:

http://news.stanford.edu/2017/05/02/collaboration-stanford-leads-mongolian-parliament-passing-law-public-opinion-polling/

This development raises interesting possibilities for how citizen deliberation can be institutionalized. Hope you will find it of interest. More information will appear on the http://cdd.stanford.edu web site when available.  Best regards to the NCDD list. Jim Fishkin

Of particular interest, the above-linked press release announces:

The Mongolian government recently passed a law requiring that an immersive research method that analyzes public opinion developed by Stanford’s James Fishkin be conducted before its constitution could be amended. According to Fishkin, who devised the process called deliberative polling almost 30 years ago, it marks the first time that a country has incorporated the process into its law. … The measure was supported and passed into law on Feb. 9.

Fishkin.jpg

See also: http://www.news.mn/r/328704.

Participatory and Deliberative Democracy: Sortition and Democratic Representation

An upcoming session in the Political Studies Association’s Annual International Conference 2017:

Participatory and Deliberative Democracy: Sortition and Democratic Representation

Room: Executive Room B
Time Slot: Wednesday 12th April 11:00 – 12:30

Panel Chair: Dr John Boswell (University of Southampton)
Panel Members:

  • Mr Keith Sutherland (University of Exeter)
  • Dr Brett Hennig (Sortition Foundation)
  • Dr Peter Stone (Trinity College Dublin)
  • Mr Dimitri Courant (University of Lausanne & University Paris 8)

We are witnessing something of a revival in support for sortition, with the idea popularised in particular in David Van Reybrouck’s recent Against Elections: The Case for Democracy. Although the debate around the use of sortition has typically been tied to discussion of mini-publics, this panel seeks to look more broadly at its relationship to democratic theory and democratic practice more broadly conceived. It brings together proponents and sceptics, normative theorists and those whose work is more applied, for a contemporary, lively and varied debate on this age-old topic.

Papers:

Explaining non-participation in deliberative mini-publics

One of the issues dividing commentators on this blog is whether participation in sortition-based assemblies should be mandatory or voluntary — see, for example. Those of us advocating legislative juries based on Athenian nomothetic panels advocate quasi-mandatory participation in order to ensure accurate descriptive representativity. Those, however, who argue for full in-depth participatory deliberation claim that mandatory participation would be ‘disastrous’, as it is hard to see how a a ‘full-charge’ legislature — essentially like existing elected legislatures but with members selected by lot — could function with (in effect) conscripted members.

A paper by Vincent Jacquet in the European Journal of Political Research, examines why it is that the overwhelming majority of randomly-selected persons refuse the invitation to participate in deliberative minipublics. Given that the descriptive representativity of the minipublic (vis-a-vis the target population) is one of the principal rationales for sortition, acceptance rates are extremely poor, ranging from 1% (America Speaks) through 3% (Belgium), 5.7% (Ontario), 6.2% (Netherlands), 7.4% (British Columbia) to 20% in Deliberative Polls. As a result there is a danger that voluntary participation risks the ‘over-representation of better educated and politically active individuals’ as ‘the [overwhelming] majority of the recruited population refuse to participate (pp.2-3).

Stratified sampling can enable some correction but this is generally on the basis of crude population metrics and ‘[voluntary] participation follows the social unequal distribution pattern of political engagement . . . participants are better educated, mostly men and older than the average population . . . participants are more politically interested and have a higher sense of efficacy’ (p.3). Such ‘statistical biases’ might suggest that deliberative minipublics privilege the usual suspects, the added disadvantage being that nobody has chosen ‘descriptive’ representatives and there is no way to kick the rascals out. There is a danger that

Using mini-publics to shape public policies may create new deliberative elites — randomly selected but distinct from the wider population precisely because they have taken the time to deliberate. (p.14)

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