Deliberative referendum

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A deliberative referendum is a referendum that increases public deliberation through purposeful institutional design. [1] The term "deliberative referendum" stems from deliberative democracy, [2] which emphasises that "the legitimacy of decisions can be increased if...decisions are preceded by authentic deliberation." [3] Deliberative design features can promote public deliberation prior to and during the referendum vote to increase its actual and perceived legitimacy. [4] Deliberative referendums encourage open-minded and informed reasoning, rather than rigid "pre-formed opinions". [5] "[A]fter deliberations, citizens routinely alter their preferences". [4]

In practice, a deliberative referendum includes a variety of institutional design features. These include using a citizens' jury to set referendum questions and educate the public, further public education via mandatory interactive tutorials before voting, and focusing referendums on broad values rather than technicalities. [6] Some authors note how legal regulation can also aid referendum deliberation. [7]

One deliberative referendum method increasingly in use is the Citizens' Initiative Review; this is a randomly-selected body, similar to a citizen's jury, convened specifically to deliberate on a ballot initiative or referendum that voters in the same jurisdiction (such as a city, state, province, or country) will later vote on. [8]

Constitutional deliberative referendums can "provide citizens with a meaningful say in determining the most fundamental constitutional decisions that affect their lives". [9] Voter deliberation is significant here as the referendum result could change the state's political status or impact the enjoyment of human rights. [10]

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Democracy is a system of government in which state power is vested in the people or the general population of a state. Under a minimalist definition of democracy, rulers are elected through competitive elections while more expansive definitions link democracy to guarantees of civil liberties and human rights in addition to competitive elections.

<span class="mw-page-title-main">Election</span> Process by which a population chooses the holder of a public office

An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office.

<span class="mw-page-title-main">Referendum</span> Direct vote on a specific proposal

A referendum is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a new policy or specific law, or the referendum may be only advisory. In some countries, it is synonymous with and also known as plebiscite, votation,popular consultation, ballot question, ballot measure, or proposition.

<span class="mw-page-title-main">Direct democracy</span> Form of democracy

Direct democracy or pure democracy is a form of democracy in which the electorate decides on policy initiatives without elected representatives as proxies. This differs from the majority of currently established democracies, which are representative democracies. The theory and practice of direct democracy and participation as its common characteristic was the core of work of many theorists, philosophers, politicians, and social critics, among whom the most important are Jean Jacques Rousseau, John Stuart Mill, and G.D.H. Cole.

<span class="mw-page-title-main">Deliberation</span> Process of thoughtfully weighing options, usually prior to voting

Deliberation is a process of thoughtfully weighing options, for example prior to voting. Deliberation emphasizes the use of logic and reason as opposed to power-struggle, creativity, or dialogue. Group decisions are generally made after deliberation through a vote or consensus of those involved.

Deliberative democracy or discursive democracy is a form of democracy in which deliberation is central to decision-making. Deliberative democracy seeks quality over quantity by limiting decision-makers to a smaller but more representative sample of the population that is given the time and resources to focus on one issue.

Participatory democracy, participant democracy or participative democracy is a form of government in which citizens participate individually and directly in political decisions and policies that affect their lives, rather than through elected representatives. Elements of direct and representative democracy are combined in this model.

The Citizens' Assembly on Electoral Reform was created by the government of British Columbia, Canada to investigate changes to the provincial electoral system. On October 25, 2004, the citizens' assembly proposed replacing the province's existing first past the post (FPTP) system with BC-STV, a single transferable vote (STV) system. This recommendation was put to the electorate in a referendum in 2005 held during that year's provincial election. The provincial government required the referendum to achieve a super-majority of 60 percent of voters and simple majorities in 60 percent of the 79 districts in order to pass. The second of these thresholds was easily met, with a majority supporting the reform in 77 out of 79 electoral districts, but the overall vote fell short of the 60 percent requirement, with 57.69 percent of the votes in favour. A second referendum in 2009 on adopting the STV system also failed to pass carrying 8 electoral districts and 39.09 percent of the overall vote.

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<span class="mw-page-title-main">National initiative</span> Organization

The National initiative is a proposed process to petition an initiative at the federal level in the United States via a national vote on the national ballot measure. While some U.S. states allow direct or indirect initiatives, there are currently no national initiatives in the United States.

In governance, sortition is the selection of public officials or jurors using a random representative sample. This minimizes factionalism, since those selected to serve can prioritize deliberating on the policy decisions in front of them instead of campaigning.

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A citizens' assembly is a group of people selected by lottery from the general population to deliberate on important public questions so as to exert an influence. Other names and variations include citizens' jury, citizens' panel, people's panel, mini-publics,people's jury, policy jury, consensus conference and citizens' convention.

<span class="mw-page-title-main">Embedded democracy</span>

Embedded democracy is a form of government in which democratic governance is secured by democratic partial regimes. The term "embedded democracy" was coined by political scientists Wolfgang Merkel, Hans-Jürgen Puhle, and Aurel Croissant, who identified "five interdependent partial regimes" necessary for an embedded democracy: electoral regime, political participation, civil rights, horizontal accountability, and the power of the elected representatives to govern. The five internal regimes work together to check the power of the government, while external regimes also help to secure and stabilize embedded democracies. Together, all the regimes ensure that an embedded democracy is guided by the three fundamental principles of freedom, equality, and control.

An Icelandic Constitutional Council (Stjórnlagaráð) for the purpose of reviewing the Constitution of the Republic was appointed by a resolution of Althingi, the Icelandic parliament, on 24 March 2011. Elections were held to create a Constitutional Assembly (Stjórnlagaþing) body, but given some electoral flaws, had been ruled null and void by the Supreme Court of Iceland on 25 January 2011, leading the parliament to place most of the winning candidates into a Constitutional Council with similar mission. The question of whether the text of the proposed constitution should form a base for a future constitution was put to a non-binding referendum, where it won the approval of 67% of voters. However, the government's term finished before the reform bill could be passed, and following governments have not acted upon it.

Oral democracy is a talk-based form of government and political system in which citizens of a determined community have the opportunity to deliberate, through direct oral engagement and mass participation, in the civic and political matters of their community. Additionally, oral democracy represents a form of direct democracy, which has the purpose of empowering citizens by creating open spaces that promote an organized process of discussion, debate, and dialogue that aims to reach consensus and to impact policy decision-making. Political institutions based on this idea of direct democracy seek to decrease the possibilities of state capture from elites by holding them accountable, to encourage civic participation and collective action, and to improve the efficiency and adaptability of development interventions and public policy implementation.

A Citizens' Initiative Review (CIR) is a small, relatively representative panel that deliberates on a ballot initiative or referendum to be decided in an upcoming election in order to produce a useful summary for voters.

References

  1. Levy, Ron (2013) "Deliberative Voting: Realising Constitutional Referendum Democracy" Public Law p.557.
  2. Tierney, Stephen (2013) "Using Electoral Law to Construct a Deliberative Referendum Moving Beyond the Democratic Paradox"12(4) Election Law Journal p.509.
  3. Leib, Ethan J (2006) "Can Direct Democracy Be Made Deliberative?" 54 Buffalo Law Review p.903.
  4. 1 2 Leib, Ethan J (2006) "Can Direct Democracy Be Made Deliberative?" 54 Buffalo Law Review p.910.
  5. Tierney, Stephen (2013) "Using Electoral Law to Construct a Deliberative Referendum Moving Beyond the Democratic Paradox" 12(4) Election Law Journal pp.508-512.
  6. Levy, Ron (2017) "The Deliberative Case for Constitutional Referenda " Election Journal p. 214-215.
  7. Tierney, Stephen (2013) "Using Electoral Law to Construct a Deliberative Referendum Moving Beyond the Democratic Paradox" 12(4) Election Law Journal p.523.
  8. John Gastil and Robert Richards, "Making Direct Democracy Deliberative Through Random Assemblies" (2013) 41(2), Politics & Society (2013) 41 (2).
  9. Tierney, Stephen (2013) "Using Electoral Law to Construct a Deliberative Referendum Moving Beyond the Democratic Paradox" 12(4) Election Law Journal p.510.
  10. Levy, Ron (2013) "Deliberative Voting: Realising Constitutional Referendum Democracy" Public Law p.559.