Sortition as a direct democratic system to appoint a real citizens representation, also called “citizen jury“

INTRODUCTION

According to historical sources our political system was developed AGAINST democracy (sovereignty of the people). An “Electoral Aristocracy” was installed (18 century). Nevertheless, this can be seen as a positive evolution compared with ruling by inheritance.

Later on some “democratic” elements were installed, for instance “free” or so called “democratic” elections with universal suffrage, the equality principle, freedom of speech, freedom of organisation, free press, … but some of them were weakened or eliminated afterwards.

But a “democratic element” is not yet a “democracy”. Freedom of organisation may be a “democratic element”, without it a democracy can not exists, on his own it is no democracy. This way “free elections”, to appoint a governor for instance, can be a democratic element but on his own it is by no means a democracy.
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Participation Toolkit

A book named “Participatory methods toolkit: a practitioner’s manual” was published in 2005 by the King Baudouin Foundation and the Flemish Institute for Science and Technology Assessment (viWTA).

This toolkit has a “citizens jury” part that may be of interest to us.

Page 21:

4) Participants

Recruitment

In some methods, the participants are supposed to be representative of the population at large. However, this may be unrealistic to achieve perfectly in practice. Purchasing random sampling phone numbers may prove financially unviable.

In this case, the advisory committee and project management will need to establish recruitment criteria and decide on another method, such as newspaper advertising. In newspaper recruitment, panellists are somewhat self-selected because they have to initially respond to an advertisement. In any method of recruitment an element of bias is introduced at the selection stage by the preferences of the selection committee. Recruitment is usually done three to four months prior to the first activity.
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Lysander Spooner, trial juries, and legislative juries

Lysander Spooner (1808-1887) was a prominent 19th century American legal theorist, abolitionist (abolition of slavery), and competitor with the U.S. Postal Service until they shut him down. A biography and collection of his work are here.

Spooner continues to be cited in the U.S., including for example by Justice Scalia writing for the Supreme Court majority in 2008 in District of Columbia v. Heller.

Spooner was a strong advocate of “jury nullification.” He argued that trial juries have the right and duty “to judge of the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and all persons guiltless in violating, or resisting the execution of, such laws.” (An Essay on the Trial by Jury, published in 1852, page 5.)

In the following passages Spooner is talking about trial juries. Although he never mentions the possibility of legislative juries, his line of reasoning is to a large extent strikingly applicable to them. By “legislative juries” I mean juries that can veto and repeal the laws the government passes, and pass laws the government does not support.[i]

Lysander Spooner (italics and bold are as in the original, block quote function not used because it may change everything quoted to italics):

“By such trials [where juries do not judge the law] the government will determine its own powers over the people, instead of the people’s determining their own liberties against the government; and it will be an entire delusion to talk, as for centuries we have done, of the trial by jury, as a ‘palladium of liberty,’ or as any protection to the people against the oppression and tyranny of the government.” (Ibid., 10.)

“The authority to judge what are the powers of the government, and what the liberties of the people, must necessarily be vested in one or the other of the parties themselves—the government, or the people; because there is no third party to whom it can be entrusted. If the authority be vested in the government, the government is absolute, and the people have no liberties except such as the government sees fit to indulge them with. If, on the other hand, that authority be vested in the people, then the people have all liberties, (as against the government,) except such as substantially the whole people (through a jury) choose to disclaim; and the government can exercise no power except such as substantially the whole people (through a jury) consent that it may exercise.” (Ibid., 10.)
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Hague and Harrop: Would we really want a parliament containing its due proportion of the ignorant, the inarticulate and the corrupt?

The following excerpt is from the 2004 edition of Rod Hague and Martin Harrop’s textbook Comparative Government and Politics (The “Functions of legislatures” section, p. 253):

We have suggested that the essence of assemblies is that they ‘represent’ the wider society to the government. But how can we judge whether, and how well, that function is fulfilled? What features would a fully representative assembly exhibit?

One interpretation, plausible at first sight, is that a representative assembly should be a microcosm of society. The idea here is that a legislature should be society in miniature, literally ‘re-presentating’ society in all its diversity. Such a parliament would balance men and women, rich and poor, black and white, even educated and uneducated, in the same mix as in society. How, after all, could a parliament composted entirely of middle-aged white men go about representing young black women – or vice versa? To retain the confidence of society, the argument continues, a representative assembly must reflect social diversity, standing in for society and not just acting on its behalf (Anne Phillips, The Politics of Presence, 1995).
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McCormick: The new ochlophobia? Populism, majority rule and prospects for democratic republicanism

Contributors to this blog who argue the case for full-mandate, voluntarist sortition will find support for their arguments in a forthcoming book chapter by John P. McCormick, author of Machiavellian Democracy. According to McCormick, electoral representation involves rule (primarily) by the rich, whereas democracy by lot is rule by the poor — a perspective that he derives from Aristotle, mediated by Machiavelli, Montesquieu [and Marx]:

The hoplites of ancient Greece and the plebeians of Republican Rome established institutions that granted ultimate legislative authority to the majority qua the poor . . . Athenian democracy and the Roman Republic exhibited primary institutions intended to insure that the poor would rule over or share rule equitably with the rich. (pp. 2-3)

Given this dichotomy it matters little which individuals are selected by preference election or sortition, as the two mechanisms will privilege (respectively) economic elites and the poor, and the resulting political decisions will (presumably) reflect the preferences of these two socio-economic groups.
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Equal Participation in the Post-Democratic Age

Forthcoming book chapter by Dirk Jörke and Anthoula Malkopoulou

Equal participation is a sine qua non of democracy. Yet, today equal voting rights are insufficient for embodying this principle. On one hand, the use of voting rights is not equal among the population. On the other, elections have increasingly become a post-democratic facade, because decision-making has shifted to unelected bodies or non-transparent network meetings. Are more direct democratic procedures the solution to this predicament? This chapter argues that they are not. For once, deliberative citizen assemblies bring inequalities in from the backdoor, as they permit knowledge, skills and other resources more available to advantaged citizens to weigh in positively. Likewise, introducing random selection as a way of distributing public office may allow advantaged citizens to dominate, if the pool of candidates is voluntary and thus self-selected. We argue that reforms should generally focus not on introducing more direct participation, but on reducing the inequalities of participation in representative systems.

The other alternative being large non-deliberative juries with mandatory participation.

Full text

Monbiot: Sortition is “a formula for disaster”

George Monbiot, a Guardian columnist and a regular critic of the status quo, has finally opined about the potential of the use of sortition to address the ills of the established system. He is not too enthusiastic:

There are plenty of proposals to replace representative democracy with either sortition (randomly selecting delegates) or direct democracy (referendums and citizens’ initiatives). Such systems might have worked well in small city states with a limited franchise (sortition was used in ancient Athens and medieval Venice and Florence). But in populations as large and complex as ours, these proposals are a formula for disaster. It’s hard to see how we can escape the need for professional, full-time politicians. (Perhaps, in a fair and accountable system, we could learn to love them.)

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