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CONSTITUTIONAL DECISION MAKING THROUGH CITIZEN-LED DELIBERATIVE PROCESSES Jordan Kroll & Juliet Swann WE, THE PEOPLE

WE, THE PEOPLE - Electoral Reform Society · Jordan Kroll in discussion with Juliet Swann and Daniel ... Announcement heralding the next steps for devolution in the upcoming Westminster

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Page 1: WE, THE PEOPLE - Electoral Reform Society · Jordan Kroll in discussion with Juliet Swann and Daniel ... Announcement heralding the next steps for devolution in the upcoming Westminster

CONSTITUTIONAL DECISION MAKING THROUGH CITIZEN-LED DELIBERATIVE PROCESSES

Jordan Kroll & Juliet Swann

WE, THE PEOPLE

Page 2: WE, THE PEOPLE - Electoral Reform Society · Jordan Kroll in discussion with Juliet Swann and Daniel ... Announcement heralding the next steps for devolution in the upcoming Westminster

This publication was written by Jordan Kroll as part of herCapstone project placement whilst she was a student onthe Masters in Public Policy Programme at the University ofEdinburgh under the supervision of Juliet Swann,Campaigns and Research Officer at the Electoral ReformSociety Scotland and Daniel Kenealy at the University ofEdinburgh.

The subject matter was chosen by ERS Scotland, theresearch, methodology and drafting was undertaken byJordan Kroll in discussion with Juliet Swann and DanielKenealy and the publication was reviewed and edited forERS Scotland by Juliet Swann, Jessica Garland and KatieGhose.

Edinburgh, July 2015

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1 WE, THE PEOPLE

Introduction 3Lessons on designing a citizens’ assembly 5Overview 9Method of Analysis 11Scottish Political Context 6The 4 case studies 171 & 2 British Columbia and Ontario: The Early Adopters 19

Political Context 19Process 20Outcome 23Impact 25

3 Iceland: A [Not So] Radical Approach 27Political Context 27Process 28Outcome 33Impact 35

4 Ireland: A Hybrid Example 37Political Context 37Process 38Outcome 41Impact 42

Key Trends 43Budget and Timetable 43Politicians 43Outside Engagement 44Process Design 45Conclusion 47Lessons on designing a citizens’ assembly 47References 49

Table of Contents

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Scots have been engagedin a vivid discussion aboutdemocracy and democratic

institutions. We believethat it’s time the wholecountry joined in with

that discussion.

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Introduction

In July 2012, ERS Scotland began our ‘Democracy Max’inquiry into what makes a good Scottish democracy

with a deliberative event – the People’s Gathering. ThePeople’s Gathering invited people from across Scotlandto spend a day discussing and deliberating with theirfellow citizens about aspects of Scottish democracy.Self-selecting, but chosen to be as representative aspossible of the Scottish people, these citizens set theparameters for our inquiry. They were asked to considerwhat a good Scottish democracy might look like in2030. Their ideas were wide-ranging and innovativeand included a desire for increased citizen participationin decision making, not just in elections, but in day-to-day democracy.

Since that day, ERS Scotland has become increasinglyinterested in citizen-led decision making as a meansboth of making ‘better’ decisions but also of re-invigorating people’s engagement with our democracyand democratic institutions. We have worked withgovernment, academia, campaigners and the thirdsector to demonstrate and encourage participative anddeliberative decision making.

Recently, proposals to include these approachesinvolving citizens in discussion of constitutional issueshave become more widely discussed. Indeed theScottish Government’s White Paper ‘Scotland’s Future’,promised to take such an approach to writing a

constitution for an independent Scotland. Many civicsociety groups expressed a hope that this kind ofparticipative engagement be used to take theconversation about Scotland’s constitutional futureforward, regardless of the result of the referendum.

But why should this be limited to a Scottishconversation? Scots have been engaged in a vividdiscussion about democracy and democraticinstitutions. We believe that it’s time the whole countryjoined in with that discussion. There has been a quietrise of participative democracy in different parts of UK,including ‘flat-pack democracy’ in Frome, communityland buy-outs in Eigg and Assynt, employee ownedcompanies sharing in decision making, and the use ofmore participative forums in many third sectorgatherings. The challenge now is how to grow these,ensure they are led by citizens, and are fully inclusive.

To help shape how we might go about having thesedebates, ERS Scotland asked Jordan Kroll, a student onthe Edinburgh University Masters in Public Policy tocollate information about four notable constitutionalconventions, and to tease out what we in the UK mightlearn from them.

This paper draws four fundamental conclusions.

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A constitutional conventionshould not be seen as a

talking shop hidden in thelong grass. rather, it is aliving, breathing tool to

renew our democracy and tore-engage our citizens in

decision making.

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In designing a citizen-led process, these key lessonsshould be considered:

1. Budget: An ample budget should be provided toavoid the problems that occurred in Ireland –theseincluded limited public awareness, low levels of staffresource and a reliance on volunteers.

2. Politicians: Including politicians is essential, afterall, the process seeks to reform their role so includingthem and achieving their ‘buy in’ to the proceedingsand the outcome should be of paramount concern.To what extent is up for debate, however the Irishapproach sets new standards and offers a usefulexample.

3. Ensuring full engagement and maximum buy-in

from the public: Perhaps easier said than done,great attention should be paid to the engagementstrategy to avoid the pitfalls that have been seen inthe examples studied. How can the process generatehigher levels of public awareness and involvement?Furthermore, engagement should not be approachedas one size fits all. Methods used in Iceland, forexample, will not necessarily translate well to othercommunities and this should be considered.

4. Process Design: It is crucial to ensure that theprocess is properly designed or else it may fall victim

to a bad outcome. This was the case in Iceland; toomuch of what the Council did was ‘on a whim’, withdecisions taken without consultation or fullappreciation of the impact. A degree of flexibilityshould be allowed but not too much. The designshould also take into account existing institutions, toensure they can aid rather than hinder progress.Engaging institutions and holding them accountablefor their role is essential. Processes like those inIreland and Iceland arguably did not have strongenough mechanisms to ensure that the governmentacted on their proposals. Despite the recentreferendums in Ireland; voting on marriage equalityand lowering the qualifying age to stand forPresident, the other suggested changes from the IrishConstitutional Convention have yet to be acted on.This gives further force to this final recommendation.

Whatever the process looks like, it is vital that whatGovernment will do to enact the recommendationsof the constitutional convention are clear andenforceable from the outset. A constitutionalconvention should not be seen as a talking shophidden in the long grass – rather, at its best, it is aliving, breathing tool to renew our democracy and tore-engage our citizens in decision making.

We hope this publication encourages the continueddevelopment of innovative thinking about citizen

Lessons on designing acitizens’ assembly

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Lessons on designing acitizens’ assembly

engagement in British democracy. There is alreadymuch to celebrate about new models of decisionmaking being tested and adopted across thecountry. A nationwide conversation about wherepower lies and how democracy works for peoplecould embrace these innovations and develop themstill further. We look forward to working with newand existing partners to play our role in thatconversation.

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the inclusion of citizens isintegral in ensuring theconstitutional future ofScotland and the United

Kingdom is shaped in a waythat best represents theinterests of the people.

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The debate around the Scottish independencereferendum thrust the issue of a written

constitution or constitutional protections forScotland into mainstream discourse. Following theno vote, many suggested the next step should be ageneral United Kingdom constitutional review asmore powers are devolved to Scotland.

The Smith Commission process which recommendedwhich further powers should be devolved to Scotlandwas largely between politicians. This was despite theCommission receiving 380 submissions from civicsociety organisations and a further 14,000 fromindividuals.

During this same period Wales has seen a Wales Act,and in March 2015, a cross-party St David’s DayAnnouncement heralding the next steps fordevolution in the upcoming Westminster session.However, all of these developments are theoutcomes of a traditional cross-party Commissionprocess (the Commission on Further Devolution inWales, or the ‘Silk Commission’). The SilkCommission included proposals for furtherdevolution, of which many (not all) were adopted inParliament. However, this devolution processallowed for little by way of real citizen engagement. Many have proposed the idea of a constitutional

convention to fully involve citizens from all thenations of the UK in discussing how our democracyfunctions, from politicians to academics and fromnewspaper columnists to campaigners. How thisprocess would be designed is still to be determined,but the inclusion of citizens is integral in ensuring theconstitutional future of Scotland and the UnitedKingdom is shaped in a way that best represents theinterests of the people. In deciding how this will beconstructed, a compelling case is to be made for theuse of a citizen-led deliberative process. Theseprocesses are lauded for their ability to potentiallybring about increased levels of citizen involvement,further accountability for government actors, andoverall added legitimacy to the political process. Inthe following report, four examples of citizen-leddeliberative processes will be analyzed for keylessons and their overall pertinence to theconstitutional context in Scotland and the UK.

Overview

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This analysis will focus on four case studies inBritish Columbia, Ontario, Iceland, and Ireland.

The main areas of research will focus on each casestudy’s process, design and function, outcome, andoverall impact. Process design and function will beevaluated using four different categories of analysistaken from Graham Smith’s seminal work‘Democratic Innovations’, which are: inclusiveness,popular control, considered judgment, andtransparency. Outcomes will be analyzed inexamining whether the process achieved its intendedgoal and if there were any immediate changes as aresult. Overall impact will focus on more long termimpacts in both the area of the case study andbeyond. Using this research, key trends will beidentified and applied to the current context.

Method of Analysis

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This debate on thepolitical future ofScotland started

at a time whencitizens were

becoming moredisenchanted with

the politicalprocess.

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In 1707, Scotland formally joined with England withthe Act of the Union, a decision not considered by

all to be in the country’s best interests at the time.Many perceived the terms of the union to beoverwhelming skewed in favor of English interestsand saw the move to be at the expense of theircountry’s national identity and sovereignty, asentiment that still continues to resonate with manyto this day (Macinnes, 2014). This conviction hasmanifested itself in everyday Scottish politicalthought with many seeingWestminster as unfit to bestgovern Scotland. Indeed,in a poll for the Guardianin the weeks before theindependencereferendum which testedreasons why people in Scotlandwere planning to vote Yes or No it was foundthat for 51% of Yes voters, their motivation was “Yourfeelings about Westminster and the types ofpoliticians there”. This principle has underpinned anactive political movement geared towards placingthe powers that were lost in the Act of the Unionback in the hands of Scotland through thereinstatement of a Scottish Parliament ,the

devolution of powers and beyond to the most recentexample, the referendum on independence(Scotland.gov.uk, n.d.).

In 1979, the first referendum on the creation of aScottish Assembly was held but the positive resultdid not meet the minimum 40 percent threshold ofelectorate support required for passage(Scotland.gov.uk, n.d.). This did not signal the end of

devolution for Scotland however. Supportersrallied and held the Constitutional

Convention of 1989 todevelop a detailed

framework for futuredevolution, including a

proposal for a ScottishParliament. The Labour Party

used these recommendations asgroundwork for their proposals for referendums

on the creation of a Scottish Parliament and somelimited taxation powers, which they chose to includein their election manifesto. When Labour won anoverwhelming majority in the general election of May1997, they followed through on their referendumpromise. Held on the eleventh September 1997, amajority of voters chose to support the creation of a

A short history of Scottishconstitutional debate

“Devolution isa process ratherthan an event.”1

Ron Davies

1. Quote attributed to Ron Davies, 1997. Cited in: Servini, N. (2014). Crabb's wind of change. [online] BBC News.Available at: http://www.bbc.co.uk/news/uk-wales-28608716 [Accessed 6 Oct. 2014].

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14 WE, THE PEOPLE

Scottish Parliament and its right to limited taxvarying powers. The Scottish Parliament electionwas held in May 1999 followed by the first meeting ofthe new Parliament with responsibility for devolvedpowers in various areas of domestic concern such ashealthcare and local government (Royal.gov.uk, n.d.). Unlike the first past the post electoral system usedfor Westminster elections, the Scottish Parliament iselected using an alternative member system (AMS).A form of proportional representation, this systemwas utilized to ensure the Parliament was morerepresentative of the Scottish people while alsomaking it extremely difficult for one party to secure amajority of the seats (Scottish.parliament.uk, n.d.).However, in 2011, the Scottish National Party (SNP)did secure a majority at Holyrood by winning 67 outof the 129 total seats available. Alex Salmond, as theParliament’s elected First Minister, and the SNPGovernment declared this majority as a mandatefrom the people to further their party’s ambitions forindependence by way of holding a referendum inSeptember 20142.

86.4 percent of Scots turned out to vote to decidethe future of their nation on 18 September 2014 with55 percent of voters (around 2,001,926) choosing tovote against independence compared to 45 percent

(1,617,989) who voted Yes. Prior to the vote, theleaders of the three main Westminster politicalparties (Conservatives, Labour and LiberalDemocrats) signed a pledge promising morewidespread devolution of powers to Scotland in thecase of a No vote. This pledge was acted uponimmediately after the referendum with theappointment of Lord Smith of Kelvin to chair aCommission with the remit: “To convene cross-partytalks and facilitate an inclusive engagement processacross Scotland to produce, by 30 November 2014,Heads of Agreement with recommendations forfurther devolution of powers to the ScottishParliament.” (Carrell,2011).

This debate on the political future of Scotlandstarted at a time when citizens were becoming moredisenchanted with the political process. Data takenfrom the 2013 Scottish Social Attitudes Surveyindicated that the level of trust in the ScottishGovernment fell from a peak of 72 percent in 2011 to59 percent in 2013. Furthermore, only 38 percent ofScots trusted their government to make fairdecisions for all (‘decisions that are fair to differentgroups of people in UK/Scotland.’) and only 46percent felt the Scottish Government was ‘very orquite good’ at listening to the people’s’ views prior to

2. http://www.scottish.parliament.uk/visitandlearn/Education/16285.aspx

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making decisions (Scottish Government SocialResearch Group, 2014). Recognizing these trends, theScottish Government committed itself to increasingengagement with the public beyond just elections toall stages of the policy process (The ScottishGovernment, 2011). The Community EmpowermentAct, introduced to the Parliament in June 2014, andpassed in June 2015 highlights this commitment byempowering communities to make participationrequests in the areas that matter the most to them.

The debate around independence served toreinvigorate public interest and involvement in thedemocratic process in Scotland, and this appetite forengagement seems to be being maintained postreferendum, with turnout in Scotland in the 2015General Election several percentage points higherthan in England and Wales. Grassroots groupsestablished during the referendum campaign,including Common Weal and Women forIndependence, remain active and in some casesstronger, post-referendum. Perhaps more surprising isthe rise in political party membership. This hasoccurred across the political spectrum but isunarguably most obvious in the exceptional rise inmembership of the SNP, from 25,642 on the day ofthe referendum to well over 110,000. It is up topolitical leaders, amongst others, to listen to these

newly engaged citizens and capitalize on thismomentum to continue to build upon this increasedpublic engagement.

Across Scotland debates took place in pubs, on socialmedia, buses, and more. This was not the politics ofold, restricted to parliamentary debates and politicalelites; instead citizens genuinely felt part of thepolitical process again (Renton, 2014). Perhaps themost telling sign was the 97 percent of the electoratethat registered to vote, with 86.4 percent showing upto have their say on September 18th. Although 55percent of voters chose to vote against independence,this arguably did not represent a preference for thecontinuation of the status quo (bbc.co.uk, 2014). Notleast because, in the week prior to the vote, theleaders of the three main political parties(Conservatives, Labour, and Liberal Democrats) inWestminster signed a pledge promising devolution ofmore powers to Scotland in the case of a No vote.Following the vote, the Smith Commission wascreated to oversee the devolution process. The reportfrom the Smith Commission was used to produce theScotland Bill which is being debated in the Houses ofParliament in the summer of 2015.

Meanwhile, the newly elected ConservativeGovernment, as well as introducing the Scotland Bill,

Grassroots groups established during thereferendum campaign, including Common Weal

and Women for Independence, remain active andin some cases stronger, post-referendum.

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have introduced the Cities & Local GovernmentDevolution Bill to establish directly elected Mayorsfor combined local authorities in England and Walesand enable powers to be transferred to thoseregions; the Secretary of State for Wales haspromised further devolution and a change to theScottish model of reserved and devolved powers forWales; we are to hold a referendum on membershipof the European Union; and House of Lords reformremains a contentious issue.

If there was ever a time to consider where power liesin the UK, it is now. To exclude citizens from thatprocess of consideration risks imposing unpopularpolicies and causing further disillusion withpoliticians and disengagement with politics.

If there was ever a time toconsider where power lies in

the UK, it is now.

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The 4 Case Studies

iceland

ontario

british columbia

ireland

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BRITISH COLUMBIA/2004

0

1603

ONTARIO/2006

0

2152

£3.4m

hq104

9

£3m

hq158

12

DURATION/MONTHS

BUDGET/GBP

CITIZENS INVOLVED

SUBMISSIONS RECEIVED

POLITICIANS INVOLVED

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Political Context

British Columbia’s Citizens’ Assembly, the first ofits kind in the modern age, set a precedent that

has had far-reaching impacts on other citizen-ledcases in Ontario and beyond. Electoral system reformwas the political issue at hand in both Canadianexamples. Both provinces feature a first past thepost system. Voters select the candidate of theirchoice and the candidate who receives the mostvotes is elected to the Parliament. The party that hasthe most representatives elected to Parliament isthen asked to form the government.

First past the post does not necessarily produceelection results representative of the electorates’opinions, which was the case for a series of electionsin British Columbia. In 1996 after winning a majorityof the popular votes across the province, the Liberalsmanaged to secure only a minority of the seats inParliament. This disparity in opinion of the public andthe makeup of Parliament prompted GordonCampbell, leader of the disadvantaged Liberal Party,to include in the party’s election manifesto thepromise of electoral system reform by way ofcreating a citizens’ assembly to review the state ofBritish Columbia’s electoral system.

In 2001, the Liberals were able to win the electionwith 57 percent of the popular vote and won all buttwo of the seats in Parliament. The fact that theLiberals won 57 percent of the popular vote but wereable to secure approximately 97 percent ofParliament seats again highlighted the issues withthe first past the post system. Despite now beingadvantaged by the system, the Liberals followedthrough on their election promise, and oversaw thecreation of a citizens’ assembly with the unanimoussupport of the entire Parliament (Fournier et al.,2011).

Ontario did not experience elections withirregularities in outcomes to the extent that BritishColumbia had, but had instead seen a series ofelections that produced governments controlled byparties at different ends of the political spectrum. Asa result of this extreme swapping of governmentcontrol, there had been significant ‘staggers’ in policy.In 2001, Dalton McGuinty and the Liberal party putforward the suggestion of pursuing generaldemocratic reform aimed at restoring the faith ofdisenchanted citizens in the political process. In2005, after seeing the innovative democratic processthat had taken place in British Columbia, McGuintyrecommended that Ontario hold its own citizens’assembly to review the electoral system (Fournier et

British Columbia and Ontario:The Early Adopters1

&2

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al., 2011). The creation of a citizens’ assembly inOntario was not met with unanimous support ofParliament like it had been in British Columbia. Notall believed, even within McGuinty’s own party, thatthere was a clear mandate for the Assembly likethere had been in British Columbia and some saw itas a waste of government money (LeDuc, Bastedoand Baquero, 2008). Nevertheless the Assembly wasapproved by a majority of Parliamentarians.

Process

As mentioned, the British Columbia example was thefirst of its kind in the modern age, and set theprecedent for design and function for all examplesthat have followed it, including Ontario. Due to somany strong similarities, the following informationapplies to both Ontario and British Columbia unlessnoted otherwise.

In both cases each body was given the power toreview and deliberate the issue of electoral reform.This was to be done throughout three stages:learning, consultation, and deliberation. Due to thecomplex nature of electoral systems, the learningstage consisted of six weekends of in-depth sessionsto educate participants on the issue. After this stageparticipants then took part in a series of meetings

(50 in British Columbia, 41 in Ontario) to consult thegeneral public on their opinion on electoral reform intheir province. Following this, participants began thedeliberation stage to determine what the assembly’spolicy recommendation would be. Once theirrecommendation was put forward, it was thentranslated to a referendum for the generalpopulation to vote on. For the referendum to passand be put into law by way of a bill from Parliamenta double requirement of 60 percent of electoratesupport and 60 percent within each district was set(Fournier et al., 2011).

Participants in the Assembly were drawn from thevoter registration list using stratified randomsampling. First they were placed into groups by age,followed by gender, and then district. This was doneto create a sample that best reflected thecomposition of the general population. There wasalso a requirement to include representatives of theaboriginal population, one in Ontario and two inBritish Columbia. If a citizen was selected, they weresent an invitation letter asking if they would beinterested in participating and if they were availableto attend a meeting where the participants would beselected. If a citizen chose to attend this meeting,their names were then put into a draw to participate(Fournier et al., 2011). Citizens were able to choose if

the British Columbia example was the first of itskind in the modern age, and set the precedent for

design and function for all examples that havefollowed it, including Ontario.

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they wanted to participate in the event, which didcreate a natural self-selection bias. Those individualswho were considered to be more interested andactive in the political sphere prior to the Assemblywere more likely to want to participate. Individualswho were more educated and also those who hadmore free time were also more likely to choose toparticipate. In the end this created an assembly notnecessarily as representative of the entire populationas planned (Warren, 2008). Altogether, the BritishColumbia Citizens’ assembly was made up of 158members (plus two alternatives) and Ontario’s had104 (Fournier et al., 2011).

Steps were taken in the process design to ensure allparticipants had equal opportunity to voice theiropinion in the learning stage and beyond. Acommitment was made throughout the process tocreate an environment that promoted teamworkwith an emphasis on building relationships andstandards in communication among those involved.

Participants were placed in small, deliberativegroups, along with a facilitator to moderate in eachweekend session during the education stage. Theythen deliberated with each other on the topic athand. Membership of these groups changed witheach weekend session to further familiarize allparticipants with each other (Fung, Warren andGabriel, 2011). Each of these would serve to be ofbenefit for the process throughout by creating anenvironment that was hospitable to different viewsand genuine deliberation. It is important to note thatalthough steps were taken to ensure equalopportunity of participation, it did not necessarilytransmit to equal participation by all. As Pearsenotes in her section in Designing DeliberativeDemocracy (Pearse, 2008), some participantsadmitted to talking minimally during these smallgroups due to a variety of reasons such as lack ofconfidence in their understanding of the topic orsimply being more shy at the beginning.

It is important to note that although steps weretaken to ensure equal opportunity of

participation, it did not necessarily transmit toequal participation by all.

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Throughout the entirety of the processes,mechanisms were designed to inform and furtherenable citizens to make their final decision usingconsidered judgment by reflecting upon the views ofothers. Beginning with the first stage, participantswere educated on the technical side of electoralreform through intensive learning sessions tofamiliarize them with the complexities of electoralsystems in their province and beyond using a varietyof education methods like textbooks, fact sheets,and academic lectures. In Ontario, interactivelearning sessions replicating voting using differentelectoral systems were also used. Small groups wereestablished to familiarize each of the participantswith the thoughts and opinions of the othersinvolved in the Assembly. Furthermore, in Ontariothere was the inclusion of four extra working groups(political parties, government stability, women andunderrepresented groups, and geographicrepresentation) and four advisory committees(consultation submissions, evaluation, final report,and deliberation planning and monitoring) (LeDuc,Bastedo and Baquero, 2008). LeDuc argues thatmembers of the Ontario Assembly may have beenmore self-reflective as a result of the choice toinclude these groups.

Following the learning stage came the public

consultation stage, which was designed to involvethe general public in the Assembly’s proceedings togarner their opinions and recommendations on theissue of electoral reform. A series of public meetingswere held across each of the provinces where citizenswere given the opportunity to present their ideas andalso question the members of the assembly on itsproceedings and the issue of electoral reform.Assembly participants often put in a significanteffort to publicize these events. In British Columbia,members of the Assembly handed out fliers, wrotenewspaper editorials, and more. A website was alsocreated to run concurrently to the meetings to enablecitizens to learn more about the assembly and alsoto submit their own proposals on electoral reform. Ifa citizen chose to present at a meeting, they wouldbe required to also submit their recommendation viathe Assembly website, email, or by post. Over 1600submissions were received via the website in BritishColumbia (Fournier et al., 2011).

The objective of the consultation stage was to allowthe participants to understand general publicopinion. Although meetings and websites were usedto do this, it is not certain the level of which thepublic bought into these processes as a whole. InBritish Columbia, where 50 meetings were held, only2851 citizens attended out of the 4.1 million total

Throughout the entirety of the processes,mechanisms were designed to inform and furtherenable citizens to make their final decision usingconsidered judgment by reflecting upon the views

of others.

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population (Ward, 2008). At less than one percent ofthe population, it is not certain that the views ofattendees were necessarily reflective of all in theprovince. Ontario chose to hold four additionaloutreach groups targeted at engaging citizens insocioeconomic groups that may have been left out ofthe process if ignored (Fournier et al., 2011).

Of the citizens who did choose to attend the publicevents in British Columbia, it was clear that many didnot fully understand the issue due to its complexnature. This led to some presentations during thepublic meeting stage that misrepresentedinformation as factual that was not. Also,presentations often went beyond the issue ofelectoral reform, as citizens would use the platformto express their general dissatisfaction with varyingparts of the political process. On the website manysubmissions lacked breadth, while others were partof online lobbying campaigns and not necessarilycompletely reflective of the proposer’sunderstanding or opinion on the issue (Ward, 2008).

In the final stage, the Assembly was to deliberateand determine what electoral option they felt wasbest for their province. For British Columbia,deliberation lasted from September through toNovember 2004 and in Ontario, from February

through to April 2007. Both were given six weekendsto deliberate and prepare a report on theirrecommendation. Ultimately the British ColumbiaAssembly chose to recommend a single transferablevote (STV) electoral system, while Ontario’s chosemixed-member proportional (MMP) voting (Fournieret al., 2011).

Interestingly enough, British Columbia’s Assemblychose a recommendation opposite of what thepublic seemed to prefer. General sentiment at thepublic meetings tended to be in favor of a systemthat was more proportional and not the status quo,however most placed their support behind MMP andnot STV (Fung, 2009). This decision could have beenan indirect result of the process, which, althoughdesigned to educate and inform participants to makea decision most representative of the people,actually enabled participants to become quasi-experts on the issue (Thompson, 2008). Assemblymembers were no longer necessarily trulyrepresentative of the general public.

Outcome

On May 15th 2005, the recommendation that BritishColumbia’s electoral system be changed from firstpast the post to a single transferable vote system

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24 WE, THE PEOPLE

was put to the public vote via referendum. 57.4percent of citizens in the province voted in favor ofthe change, with all but two electoral districtsreporting a majority voting for STV. The proposal didnot pass however, as it did not meet the requiredthreshold of 60 percent set by the government. Ingeneral the outcome was surprising to many for aseries of reasons. Only one political party, the GreenParty, had openly endorsed the outcome of theAssembly. Gordon Campbell and the Liberals, theparty that had been behind the creation of theAssembly, did not offer any support or critique of therecommendation. Leading up to the vote, pollsindicated that the general public had little awarenessof the Assembly or knowledge in the area of thereferendum. Lack of political support, combined withlittle media awareness of the Assembly and lack ofsubstantive education efforts, ultimately can be seenas potential reasons the referendum did not pass(Fung, Warren and Gabriel, 2011).

In Ontario the Assembly’s recommendation for aMMP voting system was put to a vote on October 10,2007. Voters rejected the proposal with 63 percentvoting against the Assembly’s recommendation.Much like British Columbia, the referendum in Ontariowas adversely affected by low levels of publicawareness as a result of inadequate education

campaigns and media coverage throughout theentirety of the process. When media did cover thereferendum, the coverage often failed to adequatelyexplain the issue in whole and also tended to benegative. According to LeDuc’s media analysis, 45percent of articles were negative and only 19 percentcould be considered to be positive. Dalton McGuintyand the Liberals, the party that championed theprocess, followed Gibson’s lead from British Columbiaand did not take a stance on the Assembly’srecommendation (Fournier et al., 2011).

Assembly members were no longernecessarily truly representative of the

general public.

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25 WE, THE PEOPLE

Impact

Although the referendum did not pass in BritishColumbia, many took the result to be a clearindicator of the public’s dissatisfaction with theelectoral system. The Liberal Government committedto hold another referendum in 2009 in which theysponsored the campaigns of those in favour andthose against STV in an attempt to further educatecitizens on the issue. Despite this, the referendum didnot pass the second time around either. Researchtends to suggest that this was due to the fact thatthe election was too far removed from when theAssembly occurred. Those who knew of theAssembly in the initial vote, tended to trust itsdecisions more than the campaigns informing themfor the second referendum (Fung, Warren andGabriel, 2011).

Despite the fact that neither province was able tosecure electoral reform, much can be said of theirexperiments with citizens’ assemblies. Although nota perfect process, these cases provided a foundationfor others to build from and improve upon.

Although not aperfect process,

these casesprovided a

foundation forothers to build

from and improveupon.

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ICELAND/2010

DURATION/MONTHS

BUDGET/GBP

CITIZENS INVOLVED

SUBMISSIONS RECEIVED

POLITICIANS INVOLVED

0

3923

£291,000

hq978

18

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27 WE, THE PEOPLE

Political Context

It is not often that a country receives a shock socolossal in magnitude that it is forced to reevaluate

the very foundations on which its government hasbeen formed, but such was the case in Icelandfollowing the global financial crisis of 2008. Thecrash sent shocks through all segments of Icelandicsociety: All four national banks collapsed, workerswere laid off, and businesses forced to close.Individuals who had considered themselvesfinancially secure prior to the crash were now forcedto consider issues like home foreclosure,unemployment, and more. Frustrated, citizens cameout in force to protest a government they saw ascorrupt and culpable for the crash their country hadjust experienced. These protests ultimatelyculminated in the Pots and Pans Revolution at theend of 2008 and into the start of 2009. Among theprimary demands of the citizens protesting were forthe current government to step down, the generaldirector of the Central Bank to resign, and also, for anew constitution (Thorleifsdottir, 2013).

Iceland’s constitution was adopted in 1944 when thecountry formally gained independence fromDenmark. At the time the constitution was intendedto be only provisional as it was largely a copy ofDenmark’s constitution that had been written in

1849. Politicians had pledged to update thedocument quickly after it was adopted, but theirrepeated promises had failed to amount to anythingand the temporary constitution remained in place,despite Denmark updating its own version in 1953.

When the financial sector collapsed in 2008, thenation was left to reflect upon what had causedsomething so catastrophic. Light-touch regulation,corrupt officials, and an overreaching executivebranch of Government were all identified as causes,but there was one underlying issue that could not beignored: Iceland’s constitution had few powers tostop these things from happening. In particular itlacked an effective mechanism to check the powersof the executive branch, which it was considered hadmade a series of questionable but unchallengedlegislative decisions that led to the financial crash(Gylfason, 2013b). The crash of 2008 providedIceland with the constitutional moment it had longneeded. Bowing to the pressures of the public, thegovernment resigned and called for a new electionthat Spring. A new, left wing party coalition tookcontrol with Jóhanna Sigurðardóttir as Prime Minister(Iceland’s first female Prime Minister and the world’sfirst openly lesbian head of government) and in 2010it proposed that the country undergo a formalconstitutional review process (Burgess and Keating,2013).

Iceland: A [Not So] RadicalApproach3

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28 WE, THE PEOPLE

Process

Althingi

ConstitutionalCouncil

National Gathering

(“National Forum 2010”)

Citicenry

Constitutional Draft

Constitutional Committee

Report NationalElection

ConstitutionalAssembly

Prepares

Conclusion

Inspires

Contributes

Elects

Writes Organises

Appoints Appoints/reaffirmsApproves

=

Sample 950

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29 WE, THE PEOPLE

The review process, visualized left,3 was to consist ofa series of (arguably overly complex) stages with theintended goal creation of a new Icelandicconstitution. Parliament first established theConstitutional Committee composed of experts toorganize the Assembly, prepare a report based ontheir expertise and analysis of proposed ideas for anew constitution, and to organize the election of theConstitutional Assembly. The purpose of theNational Gathering was to deliberate the centralvalues of the country that would serve to form theguiding principles from which the constitution wouldbe based. Drafting a new constitution would be theresponsibility of the Constitutional Assembly, a bodyelected by the general public. They were expected toconsider the recommendations put forth at theprevious two stages (the Constitutional Committeeand the National Gathering) when drafting thedocument (Gylfason, 2013bb).

The initial selection process for participants in theNational Gathering was very similar to the processesin Ontario and British Columbia and also based on asimilar project conducted by the Anthill Group in20094. Participants were selected at random from

the national registry and stratified by age, genderand area of residence. In total 950 participants werechosen and tasked with identifying the views andcentral themes of the public that would provide thebasis of the constitution. There was extensive mediacoverage of this stage due to its relevance to thecurrent political climate (Kok, 2011).

Due to the limited timeframe of the process (oneday), it was intricately designed and participantsfollowed a strict structure in determining thesevalues. First, they were asked to envision what valuesthey felt were central to their nation. Following this,they were broken into smaller groups of 8 led byfacilitators to further deliberate with otherparticipants on these values. Next they were thenasked to vote on these themes and again placed innew groups. Later they were again asked to vote onthese themes by identifying them by theirimportance. From this a series of recommendationswere put forth and voted on. These were thengrouped by theme and published with the relevantdata. The themes identified as central to build theconstitution upon were: country and nation, morality,human rights, democracy, preservation of Iceland’s

Frustrated, citizens came out in forceto protest a government they saw ascorrupt and culpable for the crashtheir country had just experienced.

3. Image taken from: Kok, A. (2011). Icelandic National Forum 2010 | Participedia. [online] Participedia.net. Availableat: http://participedia.net4. 1500 citizens participated in this deliberative process that aimed to identify core principles for repairing the nation afterthe economic crash. More information available here: http://participedia.net/en/cases/national-assembly-iceland-2009

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30 WE, THE PEOPLE

nature, strong divisions of power and transparencywithin the government, international cooperationand peace, and values relating to well-being, justice,and equality (Kok, 2011).

Steps were taken in this process to ensure that theviews of Iceland’s population would be wellrepresented and play a central role in the building ofthe new Constitution. In general, surveys done ofparticipants after the process tended to be verypositive. Of those who participated, 95 percent feltthe forum was a success and furthermore 93 percentfelt the body’s recommendations would be used inthe building of the new constitution (Kok, 2011).However, the recommendations suggested by theNational Gathering were not a binding provision butwere just meant to guide the ConstitutionalAssembly in their drafting of the constitution. TheAssembly did not technically have to factor thesethemes into consideration when drafting a newconstitution. Beyond this, any new constitutionwould be left subject to Parliament; essentiallymeaning the opinion of the people could be used atthe discretion of the Assembly (Landemore, 2014).

Following the National Gathering, an election washeld in November 2010 to select 25 individuals for aposition in the Constitutional Assembly. The election

used the Single Transferable Vote to select from 522candidates. In total, 37 percent of the electorateparticipated in this election. Possible causes of thislow turnout could be for a series of reasons such asthe confusion stemming from the multiplicity ofcandidates, lack of interest, or understanding of theelection. Gylfason is critical of the lack of mediacoverage leading up to the election. It is important tonote, however, that nature of election did notnecessarily facilitate easy coverage by the media. Thevast number of candidates alone would have beendifficult to sufficiently cover, along with the fact thatthose who did run often chose to not campaignextensively and instead simply ‘put their names inthe ring’. This meant that little was known about thecandidates beyond those who were already well-known prior to the election. Along with the lack ofcampaigning, the election also did not feature thetraditional party politics that are often given themost attention in media. Both the Independence andthe Progressive Parties chose not to field candidates,due to the fact they had received much of the blamefor the financial crisis. Additionally many politicianswere opposed to the perceived radical nature of theconstitutional reform process (Gylfason, 2013b).

For the most part the lead up to the election of theConstitutional Assembly was fairly civil, but the same

Both the Independence and theProgressive Parties chose not to fieldcandidates, due to the fact they hadreceived much of the blame for the

financial crisis.

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31 WE, THE PEOPLE

cannot be said for the aftermath. Some critics of theprocess claimed the election had only producedwinners who were already well known and were alsodisproportionately from the left-leaning elite(Gylfason, 2013b). Furthermore, after the election,three individuals filed technical complaints, allclaiming that the voting had not been done in secret.Siding with the plaintiffs, the Supreme Court ruled toinvalidate the results of the election, throwing theentire constitutional process into disarray. Gylfasonclaims that the individuals who challenged theoutcome had a vested interest in disrupting theprocess. Each of the three individuals who filedcomplaints had ties to the Independence Party, theparty that from the outset was actively opposed tothe process. He also claims that the judge whodecided the case was too closely involved with theIndependence Party and may not have made hisruling impartially.

Regardless of the reason why the Supreme Courtchose to rule in favor of the plaintiffs, the decision

could have easily served as a fatal blow to the entireprocess. With the decision by the Supreme Courtcalling into question the mandate of theconstitutional review process and public trust ingovernment institutions at an all-time low, it was upto Parliament to decide the fate of the process. In theend, they chose to sidestep the ruling of the SupremeCourt by directly appointing the 25 individuals whohad won the election to a Constitutional Council –basically created in lieu of the elected but invalidatedConstitutional Assembly. Whilst this was a well-meaning attempt to ensure the process continued, itwould also serve as a blow to the overall legitimacyof the process (Landemore, 2014).

When the work of the Council finally began, the 25individuals agreed to work on three main tasks.These were: updating the human rights chapter ofthe existing constitution to include nature protectionand further social and civil rights, establishing clearerdivisions of the three branches of the government,and increasing mechanisms for direct democracy

For the most part the lead up to the election ofthe Constitutional Assembly was fairly civil, but

the same cannot be said for the aftermath.

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32 WE, THE PEOPLE

(Bergmann, 2014). The next move of the Council wasperhaps the most groundbreaking. With a mandatethat was not necessarily clear and an angry public,the Council made the choice to further open theprocess to the public through outlets like Twitter,Facebook, and YouTube. Each of their meetings wasput online, along with all documents used duringproceedings, in order that the public could activelyfollow their daily affairs. Individuals were encouragedto post recommendations for the Council to take intoconsideration when drafting the constitution.Opening the process drew the attention of media inIceland and abroad, which quickly proclaimed theinnovative process to be the first of its kind increating a truly ‘crowd-sourced’ constitution(Valtysson, 2013).

The move of the Council to open the drafting processas much as possible to the general public wasinteresting, and one that the Council chose to doagainst the advice of many political elites whobelieved that the writing of a constitution wassomething best left to a small group of capableindividuals. This decision was an attempt to open theprocess to regain the legitimacy that had been lostwhen Parliament chose to sidestep the ruling of theSupreme Court. Opening up the process more to thepublic undoubtedly increased levels of inclusiveness,

popular control, considered judgment, andtransparency; however, the true extent of this impactdeserves further analysis. Beyond this, Ólafssonbelieves the Council also actively made it their goalto distance itself as much as possible fromParliament - an institution that was facing highlevels of public distrust at the time. This choice todistance itself from Parliament and othergovernment institutions may have had unintendedrepercussions on the process.

It is widely acknowledged, and feted, that theIcelandic Constitutional Council created aninnovative series of mechanisms to enable greaterparticipation by the public, but how much did thepublic and the Council buy into these participatorytools? According to Bergmann, the Council receivedseveral thousand submissions through social mediaand 370 by way of traditional correspondence. Whilea substantial amount, it is important to note thatdue to the limited timeframe the Council was unableto read and respond to each submission (Landemore,2014). This begs the question that although theCouncil was willing to engage the public, to whatextent did they value their opinion? Creating a spacefor public discussion did not necessarily translate todeliberation by the Council. Was the public trulybeing empowered through this process as there is

It is widely acknowledged that the IcelandicConstitutional Council created an innovative

series of mechanisms to enable greaterparticipation by the public,

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33 WE, THE PEOPLE

without any mechanism in place to ensure theiropinion had any impact in the drafting of theconstitution? In this sense, the Icelandic process,while seemingly more far-reaching in widespreadpublic engagement than an example like BritishColumbia, was perhaps not as innovative as has beensuggested as it still failed to engage the publicbeyond simply providing for submission suggestionsand ideas that would not necessarily receive dueconsideration.

Ólafsson is critical of the decision-making of theCouncil, pointing out that often their decisionsseemed to lack any clear methodology in design andwere more on a whim than in line with a consistentprocedural approach. While not necessarily poorideas, they often appeared not fully thought out andwere designed in a way that did not necessarily thenfacilitate what the Council had initially intended.Such was the case with the decision to open theprocess more to the public. Although in theory thismove further empowered the public to becomeinvolved in the process, it was designed in a way thatonly superficially did so. There was also a tension inhow the Council interpreted their role compared towhat others believed it to be. The ConstitutionalCommittee was created to advise the Council (thenAssembly) on updating a constitution. In the

document they created, it was clear that theassumption was that the constitution was only goingto be revised and not completely rewritten. This wasnot what the Council interpreted their role to be andundertook the process with the intention of rewritingthe entire document (although they did end up usingsections from the original Constitution) – a lofty goalfor a three-month process (Gylfason, 2013b).Perhaps the most telling example of this ill-thoughtthrough thinking was the Council’s choice to distanceitself from Parliament and other political elites, withsome members thinking that if they were able toreach consensus on the document this would alonebe enough to compel Parliament to accept the draft(Landemore, 2014). In the event, this decision did theopposite of what they had intended as theyinevitably alienated MPs from the process.

Outcome

On July 29, 2011, after almost a four month process(an option of a one month extension was available ifneeded) the Council presented a draft constitutionto Parliament. Parliament had not made a formalplan for what to do following the submission of thedraft and was left to decide the next steps. Thedecision was made to hold a non-binding advisoryreferendum on October 20, 2012 that would feature

but how much did thepublic and theCouncil buy into theseparticipatory tools?

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34 WE, THE PEOPLE

six questions relating to key provisions of theconstitutional proposals (Landemore, 2014). Thesequestions were5:

1. Do you wish the Constitution Council’s proposals to form the basis of a new draft Constitution?

2. In the new Constitution, do you want natural resources that are not privately owned to be declared national property?

3. Would you like to see provisions in the new Constitution on an established national church in Iceland?

4. Would you like to see a provision in the new Constitution authorising the election of particular individuals to the Althingi more than is the case atpresent?

5. Would you like to see a provision in the new Constitution giving equal weight to votes cast in all parts of the country?

6. Would you like to see a provision in the new Constitution stating that a certain proportion of the electorate is able to demand that issues be put to a referendum?

Although the results were non-binding, it wasthought that this vote would reinforce that a

majority of the public was in support of the proposalsand would further compel Parliament (mainly aimedat the critics of the process) to support the draft.When the referendum was held, every questionreceived a majority of votes in favour of yes with avoter turnout rate of 49 percent (Landemore, 2014).While not a majority of the population, the result didbroadly indicate that the electorate was in support ofa new constitution and the ideas proposed by theCouncil. It would be up to Parliament to guarantee itspassage.

Unfortunately, this process has not led to a newconstitution for Iceland. Although many supported itinitially, the bill ultimately stalled in Parliament for avariety of reasons. Those who were against theprocess from the outset, the Independence andProgressive Parties, intensified their criticisms onceParliament began to initiate the steps to put theproposal into a bill. They were strongly opposed tocertain provisions like collective ownership of naturalresources, with some labelling the process a petproject of former Prime Minister JóhannaSigurðardóttir and those on the left (Bergmann,2014). It was not these two parties alone that wereagainst the process though, as the coalition that

5. Questions taken from Thjodaratkvaedi.is, (2012). The Referendum - October 20, 2012 - Iceland - Referendum.[online] Available at: http://www.thjodaratkvaedi.is/2012/en/referendum.html [Accessed 15 Sep. 2014].

Unfortunately,this process hasnot led to a newconstitution for

Iceland.

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35 WE, THE PEOPLE

initially had backed the process was not able tomaintain the necessary level of support among all intheir ranks leading up to Parliamentary action on thedraft (Gylfason, 2013).

Impact

Although the Icelandic example did not produce anew constitution, it has undoubtedly had an impactboth in Iceland and internationally. In Iceland, theproject at the very least provided an outlet for thepublic to channel their frustrations into. It could beargued that this process has had more of an impacton the international community than in Iceland itselfas many have hailed the process as groundbreakingand the first ‘crowd-sourced’ constitution suggestingthis is something that could provide the frameworkfor Constitution-making in the modern age. However, the fact remains that, Iceland still awaitsan updated Constitution. The two political parties(Independence and Progressive) most associated

with the crash were reelected into a coalitionfollowing the April 2013 election (Burgess andKeating, 2013). Time will tell if this signals a return ofstatus quo or whether this process is representativeof a change in the nature of Icelandic politics.

Although the Icelandic example did notproduce a new constitution, it hasundoubtedly had an impact both in

Iceland and internationally

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IRELAND/2013

DURATION/MONTHS

BUDGET/GBP

CITIZENS INVOLVED

SUBMISSIONS RECEIVED

POLITICIANS INVOLVED

33

2326

£703,340

hq100

15

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37 WE, THE PEOPLE

Political Context

Beginning in 2007, the nation of Ireland was infinancial crisis. For most of the 1990s and 2000s,

Ireland had enjoyed a period of rapid economicgrowth fuelled by business-friendly policies and anincreasingly well-educated and productive workforce.The first phase of this growth (1995-2002) canlargely be characterized as catch-up growth in whichIreland’s economy rapidly converged to the level ofother economically successful nations. This changedin 2002 when Ireland’s growth became far moredependent on the expansion of credit from banks,particularly in the housing sector. Due to the lack ofstrong government regulations or oversight, bankswere able to lend essentially at will and take onriskier investments than normal, actions which led tothe creation of a speculative bubble that inevitablyburst in 2007. Starting in this year, banks beganreporting major deficits in their loan portfolios as aresult of borrowers’ inability to pay their debts(Ec.europa.eu, 2012).

During this time, financial problems were not isolatedto Ireland. Much of Europe and the rest of the worldwere undergoing similar crises that put a strain onbanks everywhere. Constrained by this, Irish bankswere unable to access funds from interbank lending

that may have normally been an option forassistance. This put further pressure on the IrishGovernment to offer assistance in saving these banksfrom collapse. Already faced with a significantbudget deficit as a result of a large decrease in taxrevenue, the decision to back-up the banks’ liabilitiespushed the government further into economictrouble. In an attempt to mitigate their financialproblems, the government implemented a series ofausterity measures that would end up beinginsufficient to the task. When it became clear thatthe country was unable to solely continue to funditself, they were able to secure a €85 billion financialassistance package through the assistance of theInternational Monetary Fund and the EuropeanUnion (Ec.europa.eu, 2012).

A financial crisis of this magnitude predictablypermeated through all of segments of Irish societywith high levels of unemployment, slashes ingovernment spending, and more; people were angryand their trust in government nearly nonexistent. In2011, the first general election since the onset of thecrisis, much attention was focused on fixing whathad gone wrong and preventing it from happeningagain. Political parties promised reform to what thepublic perceived as broken and highly untrustworthyinstitutions. In addition to institutional reform, each

Ireland: A Hybrid Example4

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38 WE, THE PEOPLE

6. All references to Farrell outside of in-text citation refer to information gathered during telephone interview on 24 July20147. Houses of Oireachtas Resolution, (2012). Found at: Convention on the Constitution, (2012). Resolution of theHouses of the Oireachtas of July, 2012. [online] Available at: https://www.constitution.ie/Documents/Terms_of_Refer-ence.pdf [Accessed 21 Sep. 2014].8. Ibid

A financial crisis of this magnitudepredictably permeated through all of

segments of Irish society with highlevels of unemployment & slashes in

government spending.

party also included in their respective manifestos thepromise of increased citizen engagement (FiannaFail, 2011; Finn Gael, 2011; The Irish Labour Party,2011) Farrell6 points out that these cross-partycommitments to political reform and citizenengagement had never happened before in Irishhistory. The detail of this cross party agreement wasaided by the results of a pilot constitutionalconvention, ‘We the Citizens’. We the Citizens was aproject initiated by a group of political scientists fromvarious Irish universities, the Political ScienceAssociation of Ireland (PSAI) and the IrishUniversities Association and was grant funded byThe Atlantic Philanthropies. The findings from thepilot were submitted to the Irish Government andalthough the final Constitutional Convention wasnot modelled exactly on the pilot, it is fair to say ithad considerable influence on the inclusion ofproposals in the party manifestos in 2011.

Process

On December 1st of 2012, the Irish ConstitutionalConvention held its first session. A July 2012

Resolution of the Houses of the Oireachtas (Ireland’sParliament) gave the body twelve months todeliberate and prepare recommendations on a seriesof predetermined issues. The Convention would bemade up of 100 individuals: 66 were to be Irishcitizens selected at random (much like the otherexamples), 33 were to be elected politicians, with theappointed chair bringing the group total to 100. Rulesgoverning the conduct of the body were to bedetermined by the group, and they were free to seekopinions from experts or whomever else they feltwould be beneficial. Decisions would be made usinga majority voting system and in the case of a tie, thechair would cast the deciding vote7. In total, thegroup was given a budget of €300,000 for theentirety of the process (Harris, 2014). The issues thebody was given to examine and makerecommendations on were the following8:

1. Reduction of the Presidential term of office to five years and the alignment with local and European elections

2. Reduction of the voting age to 173. Review of the Dáil electoral system

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39 WE, THE PEOPLE

4. Irish citizens’ right to vote at Irish Embassies in Presidential elections

5. Provisions for same-sex marriage6. Amendment to the clause on the role of women

in the home and encouraging greater participation of women in public life

7. Increasing the participation of women in politics 8. Removal of the offense of blasphemy from the

Constitution

Beyond these specific issues, Oireachtas also gavethe Convention the power to makerecommendations on additional issues providingthere was enough time following the completion ofreview of the prescribed list. Their recommendationswere to be submitted to the House of Oireachtas,which would then respond to each of therecommendations within four months of receivingthem. If a recommendation put forth by theConvention was approved, Oireachtas would then seta date for the recommendation to be voted on byreferendum.

The Ireland example followed the path of casestudies like British Columbia in many ways and alsothe pilot assembly, We the Citizens, which had taken

place in 20119 as referenced above. Citizens werestratified and selected at random to ensure that theywere representative of the general population and asinclusive as possible. Once participants wereselected, they met for initial plenary sessions wherevarious experts with various positions on the issueswould present evidence. They were then broken intosmall groups for deliberation. These deliberationsessions were led by a facilitator and aided by a note-taker. This ensured that participants were givenequal opportunity to speak if they wanted to (Farrell,2014b).

Following these deliberations, a series of publicmeetings were held to hear opinions from thegeneral public, similarly to the outreach in BC andOntario. Throughout the entirety of the process therewas also a public website that detailed the purposeof the Convention, posted videos of its proceedingsand other relevant documents. This was intended toenable greater transparency and public awareness.There was a space on the website for citizens tosubmit their own comments and proposals, muchlike each of the other cases had done (TheConvention on the Constitution, 2014).

9. To Read More On This: Farrell, D., O'Malley, E. and Suiter, J. (2013). Deliberative Democracy in Action Irish-style:The 2011 We the Citizens Pilot Citizens' Assembly. Irish Political Studies, 28(1), pp.99-113.

Although very similar in design, there areimportant differences between Ireland and

the other case studies. Perhaps most notable wasthe decision to include 33 politicians directly

in the Convention

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40 WE, THE PEOPLE

Although very similar in design, there are importantdifferences between Ireland and the other casestudies. Perhaps most notable was the decision toinclude 33 politicians directly in the Convention, adecision which came about largely from a politicalcompromise. As mentioned above, leading up to theelection in 2011, all parties had included acommitment in their respective manifestos toconsider increasing citizen engagement. Finn Gael’smanifesto detailed an ambition to create a Citizens’Assembly to deliberate issues of electoral reform.Labour’s manifesto proposed a plan for aConstitutional Convention that would be made-upof one-third citizens, one-third politicians, and one-third experts. When the two parties joined togetherin a governing coalition, their compromise was tohave a body composed of 2/3 citizens and 1/3politicians which would consider a wider range ofissues including, but not limited to, electoral reform(Farrell, n.d.).

The choice to include politicians directly in theprocess was controversial. Many experts on citizens’assemblies advised against it and argued that thebody be made up solely of citizens (Farrell, 2014b).They argued that including politicians directly couldrun the risk of these individuals attempting tocommandeer the process. While this could be a

possibility, it was also suggested that politiciansmight interfere with the process from outside if theywere not engaged enough. In the Iceland example,the decision made by the Constitutional Council tonot engage with politicians during drafting perhapsled to politicians feeling alienated from the process.Arguably this, combined with other factors, led to theultimate defeat of the Constitution. Ultimately,Oireachtas decision to include politicians has beenjudged to be for the better. Of the participants polled,many said they felt they had equal opportunities tospeak up and participate at all times. Additionally,politicians were often more comfortable with askingquestions and offering opinions, especially when itcame to the more technical issues like electoralreform and Oireachtas operating standards, areasthat citizen participants did not always feelconfident in discussing, thus aiding the disseminationof information (The Convention on the Constitution,2014).

Like the other case studies, a series of mechanismswere put in place to enable greater popular control,considered judgment, and general inclusiveness.These mechanisms, however, were not perfect andoften constrained by factors like the low budget(Farrell, 2014a; Harris, 2014). For instance, thelimited budget and staff meant they were unable to

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put together a substantial media campaign toincrease public awareness of the process. ProfessorFarrell speculates that only around two to threepercent of the general public were aware of theConvention. The inclusion of politicians did help withthis publicity vacuum as they were able to use theirplatform to spread news to constituents and othermembers of Parliament. To try and increase publicawareness and involvement, the Convention itselfchose to hold a total of nine public meetings invarious places around the country (The Conventionon the Constitution, 2014). Farrell points out thatoften these meetings were not held in geographicallyideal areas and general public awareness of theiroccurring was low. Issues that were alreadyconsidered more salient, like same-sex marriage,tended to draw far more public attention. Harrissuggests that to further increase inclusiveness on allissues steps could have been taken to further enablecitizens to participate by providing practical serviceslike childcare to generate greater possibleinvolvement of women.

The website was also greatly limited by the lack offinancial resources. Again, the already discussedissues received most attention: 2500 submissions

were received, with 2326 submitted via the website.Over 1000 of these were in regard to same-sexmarriage (The Convention on the Constitution,2014).

Outcome

In total, the Convention made 38 recommendations.These were both from the 8 areas they weredelegated power to deliberate on plus an additionaltwo (Daíl reform and economic, social, and culturalrights) which were added for consideration on therequest of participants (The Convention on theConstitution, 2014). Of these recommendations, 18would require a national referendum (Verma, 2014).As noted earlier, the Irish Government hadcommitted itself to responding to each of theConvention’s recommendations within four months.To date, the Irish Government has scheduled datesfor only two referendums – on marriage equality andreducing the required age for presidentialcandidates10. A third on lowering the voting age wasinitially to be included with the same-sex marriageand age of presidential candidate polls but this wasnot proceeded with. A fourth on removingblasphemy from the Constitution has been agreed

10. These referendum were held on 22 May 2015 with Irish voters agreeing to the same-sex marriage proposal but dis-agreeing to lower the age of candidacy for the President of Ireland.

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upon but has yet to be formally scheduled (Kelly,2014). Despite the commitment to respond withinfour months, many recommendations have now seenthe deadline for response pass with no action taken.There is still hope that additional referendums willbe set on the remaining issues.

Impact

Although the extent of the impact of the Conventionon Irish politics and beyond is still largely to bedetermined, the process design and function shouldbe lauded. Given the limited budget and the wide-ranging issues that were considered, the Conventioncould be judged a success. Not only did it deliberateand make recommendations on more technicalissues like Dáil reform, but also traditionallycontroversial issues like same-sex marriage. Thechoice to include politicians, which was met withskepticism from many experts initially, has provideda successful alternative to the traditional citizens’assembly design. The extent to which it will influencefuture processes is still to be seen.

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Although there is no clear right or wrong way todesign a citizen-led process, key lessons from

previous examples can be identified and serve as aguide for future Scottish or UK-wide processes.Whether this be a constitutional convention orsomething else, it is essential that the inclusion ofcitizens serve as the central tenet it is designedaround. Beyond this, the following lessons that havebeen identified should be considered:

Budget and Timetable

An inadequate budget can severely limit theparameters and impact of a citizen-led process. InBritish Columbia, a process that was designed toexamine solely the issue of electoral reform, had abudget was approximately 5.5 million Canadiandollars. This provided financial resources for anadequate staff and extensive public engagement(50 public meetings). This can be contrasted withIreland, where the Convention was tasked withconsidering eight constitutional policy areas, but onlyhad a budget of around €300,000. Wheninterviewing Professors Farrell and Harris, eachmentioned how the lack of a proper budget severelylimited the Irish process in nearly all aspects from theevidence and education phase to public outreach.Due to this constraint, the Convention was unable to

hire more than the bare minimum of staff. This led tothe outsourcing of important tasks such as websitecreation to someone who had volunteered for free.As a result, the website was rarely updated and manycomplained about difficulty navigating the page dueto poor design. In the final report published by theConvention, the need for sufficient resources tofurther increase engagement of the public washighlighted if another convention were to occur.

The process must also be allotted enough time toensure that it can devote the proper amount ofattention to each the issues it will be deliberating,engage the public, and write reports. Both BritishColumbia and Ontario devoted a year to theirAssemblies, and a similar amount of time wasdedicated to the Irish process. In Iceland, the Councilwas given just four months to revise the Constitutionand chose instead to draft a new Constitution in thattimeframe, a mammoth task for the short timeallotted.

Politicians

There is a lot of information to consider whendiscussing the role of politicians. Should they beinvolved and further, to what extent? Are their rolessimply to act as champions?

Key Trends

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These processes are often born out of some form ofpublic disenchantment with the political process(see all cases previously discussed). Given this, theinstinct might be for politicians to removethemselves from the process as much as possible orlead to an approach that actively removes politiciansfrom the process like in Iceland.

In British Columbia, while Gordon Gibson and theLiberal Party instigated the process, they made thechoice to abstain from supporting the outcome whenthe referendum was called and instead onlysupported the process as a whole. Little definitiveevidence exists as to whether this decision proved ahindrance to the overall success of the referendumbut still must be mentioned and considered whendesigning a process. Should politicians only supportthe process or do they have a greater role?

The cases of Iceland and Ireland are particularlyinteresting due to their similarities (both created toconsider wide constitutional issues and born out ofthe financial crisis) and their differences (largely therole of politicians). In Iceland, following the decisionby the Supreme Court to invalidate the results of theConstitutional Assembly, Parliament chose toappoint each of the individuals that had beenelected to the Constitutional Council. Following their

appointment, the Council chose to distancethemselves as much from Parliament in attempts toregain the legitimacy lost from their decision tosidestep the ruling. When their draft was put toParliament for consideration, many politicians statedthey felt alienated from the process, including thosewho had initially supported the process.

In Ireland, the decision to include politicians was metwith skepticism initially. Many experts warned theirinclusion could lead to their possible commandeeringof the process, but this has not proven to be the case.According to Farrell, participants overwhelminglyindicated they felt politicians’ participation waspositive to the process. Politicians were morecomfortable speaking, especially on the moretechnical issues that citizen participants did notalways feel comfortable querying. Furthermore,politicians often acted as champions of the processoutside of the Convention when speaking toconstituents and fellow politicians. This was useful inhelping to mitigate some of the effects of a limitedbudget, particularly in raising awareness amongstthe public and other decision makers.

These processes are oftenborn out of some form of

public disenchantment withthe political process

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Outside Engagement

British Columbia, Ontario, and Ireland had a similarapproach to public engagement. A website for eachwas created to inform the public of the Conventionand to also serve as a space for citizens to submittheir policy proposals. British Columbia receivedslightly over 1600 submissions, 2152 in Ontario, andjust over 2300 in Ireland. In addition to the website,each assembly held meetings for the general publicto attend. Ireland held by far the least with only nine,but this was arguably due to budget constraints andalso the fact that the process design did not requirethey hold these meetings (they were suggested bythe participants themselves). Figures are notavailable for each case regarding the number ofcitizens that attended these meetings but considerBritish Columbia; of the 4.1 million population at thetime, only 2851 citizens attended. While a substantialamount on its own, this is less than one percent ofthe population as a whole. Does this qualify as a

substantial amount of the population that has beenengaged? A lack of public awareness and failure togenerate wider engagement has affected each ofthese processes. In Ireland, Farrell speculates thatless than 2 percent of the general population wasaware of the Convention. How can this problem beimproved upon in future processes?Iceland’s approach to engagement has led toworldwide acclaim and the label ‘first crowd-sourcedconstitution’. Unlike the other examples, it solicitedproposals beyond the traditional website. Citizenswere able to post their recommendations via siteslike Twitter and more. However, as noted in theearlier analysis, this did not necessarily lead to anymore democratic a process. The Council was notrequired to look at all of the recommendations, andthis led to many being ignored. Furthermore, whileperhaps a hallmark of a new, technological approachto engagement in a citizen-led process, it should beacknowledged that this method of engagementwould not necessarily transition well into all future

Participants were given thepower to examine one issue,

electoral reform.

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examples. Internet penetration is Iceland is around95 percent, whereas it is much lower in othercountries – for example under 80 percent inScotland.

Process Design

British Columbia and Ontario followed identicalstructures with three stages: learning, publicconsultation, and deliberation. The design of thestructure was largely determined prior to the start ofthe actual process. Participants were given thepower to examine one issue, electoral reform. Theywere to make a recommendation that would then beput to referendum for the general public to vote on.In Ireland, the Convention was given eight issue areasto deliberate and was permitted to consideradditional areas if there was time. Compared toBritish Columbia and Ontario, the Irish ConstitutionalConvention’s powers were quite broad. On the otherhand, they were limited largely to an advisory role.Their recommendations were not promised to go toreferendum but instead to be reviewed byParliament within four months. Essentially,Parliament was not bound by law but only bypromise to review these recommendations. This isarguably the biggest criticism of the process as manyof the recommendations have passed the four-

month window and have yet to be reviewed byOireachtas.

Iceland had significantly more flexibility of processdesign than the other case studies. Following theSupreme Court ruling, the Constitutional Councilmade the decision to further open the process in anattempt to regain the legitimacy that had been lost.Additionally, they made the decision to activelydisengage from politicians as a way to distancethemselves from an institution that suffered fromhigh levels of public distrust. As mentioned earlier,not all commentators feel this flexibility was apositive. Ólafsson points out that this enabled theCouncil to make decisions seemingly on impulsewithout any clear methodology. This was arguablydetrimental to the process, especially in regards tothe decision to actively avoid interacting withpoliticians. Instead of acknowledging Parliament asan existing institution which they desired to reform,the Constitutional Council took the decision thatreaching a consensus on a draft Constitution wouldbe enough to compel Parliament to act. This did notprove to be the case.

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Lessons on designing acitizens’ assembly

In designing a citizen-led process, these key lessonsshould be considered:

1. Budget: An ample budget should be provided toavoid the problems that occurred in Ireland – theseincluded limited public awareness, low levels of staffresource and a reliance on volunteers

2. Politicians: Including politicians is essential, afterall, the process seeks to reform their role so includingthem and achieving their ‘buy in’ to the proceedingsand the outcome should be paramount. To whatextent is up for debate, however the Irish approachsets new standards and offers a useful example.

3. Ensuring full engagement and maximum buy-in

by the public: Perhaps easier said than done, greatattention should be paid to the engagement

strategy to avoid the pitfalls that have been seen inthe examples studied. How can the process generatehigher levels of public awareness and involvement?Furthermore, engagement should not beapproached as one size fits all. Methods used inIceland will not necessarily translate well toScotland or elsewhere, and this should beconsidered.

4. Process Design: It is crucial to ensure that theprocess is properly designed or else it may fall victimto a bad outcome. This was the case in Iceland; toomuch of what the Council did was ‘on a whim’, withdecisions taken without consultation or fullappreciation of the impact. A degree of flexibilityshould be allowed but not too much. The designshould also take into account existing institutions, toensure they can aid rather than hinder progress.Engaging institutions and holding them accountablefor their role is essential. Processes like those inIreland and Iceland arguably did not have strong

Conclusion

1. ample budget 2. Including politicians

3. full engagement 4. properly designed process

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enough mechanisms to ensure that the governmentacted on their proposals. Despite the recent referendums in Ireland, voting onmarriage equality and lowering the qualifying age tostand for President, the other suggested changesfrom the Irish Constitutional Convention have yet tobe acted on. This gives further force to this finalrecommendation.

Whatever the process looks like, it is vital that whatGovernment will do to enact the recommendationsof the constitutional convention are clear andenforceable from the outset. A constitutionalconvention should not be seen as a talking shophidden in the long grass – rather, at its best, it is aliving, breathing tool to renew our democracy and tore-engage our citizens in decision making.

Whatever theprocess looks like,

it is vital thatwhat Governmentwill do to enact

therecommendations

of theconstitutionalconvention are

clear andenforceable from

the outset.

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