Pirates and Democracy - skynet.beusers.skynet.be/fa624583/Direct Democracy az05122013...

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Pirates and Democracy

DEMOCRACY SQUAD - Belgium

Presented by

Paul Nollen [email protected] Alexandre Zenon [email protected]

Direct democracy 09122013c

The goal of this workshop is to present some elements about democracy in order to start up discussion about our definition of “Democracy”. We will try to give a little historical background, some information about democracy today in the world and about the current projects we know that are attempting to move democracy forward.

mailto:[email protected]

mailto:[email protected]

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Pirates and Democracy anno 2013

DEMOCRACY SQUAD

A hundred years before the French Revolution, the buccaneer companies were run on lines in which liberty, equality and fraternity were the rule. In a buccaneer camp, the captain was elected and could be deposed by the votes of the crew. The crew, and not the captain, decided whether to attack a particular ship, or a fleet of ships. (source: wikipedia)

Direct democracy 09122013c

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Elections have nothing to do with democracy

Voting serves only to select leaders, not to directly decide policy

The "idea that electoral participation means popular control of government is so deeply implanted in the psyches of most Americans that even the most overtly skeptical cannot fully free themselves from it" (B.Ginsberg)

From “Democracy without Elections” (Brian Martin)

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DEMOCRACY = legislative power of the people

But then, what is democracy

The people are SOVEREIGN

In a true democracy there is no authority above the people.

DIRECT means without intermediary, or forced delegation

What we usually call democracy is in fact PARTICRACY

Elections have nothing to do with democracy

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Electoral Representative systems

• NON PARTISAN ( Nebraska,..)

• SINGLE DOMINANT PARTY

• TWO POLITICAL PARTIES

• MULTIPLE POLTICAL PARTIES

Main characteristics are : FORCED DELEGATION for YEARSPARTICRACY

What is wrong with elections?

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Power tends to corrupt…Modern “electoral representative democracies”

This is the definition of oligarchy (rule by few)

Power rests effectively with a small number of people

They tend to be always the same


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Power tends to corrupt…

Roberto Michels, 1911

Mission drift: preservation of the organization itself

Mission drift: preservation of the organization itself

The structures of institutions lead to abuses of power

The iron law of oligarchy


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Social psychology

Thirst for power is correlated to other personality traits (Bennett J. 1988)

• Machiavellianism: tendency to deceive and manipulate other people for one’s personal gain.

"Never tell anyone the real reason you did something unless it is useful to do so”

• Arrogance

• Low conscientiousness


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Politicians are morally little different from anyone else. The expectations and pressures on them are much greater. Positions of great power both attract the most ambitious and ruthless people and bring out the worst features of those who obtain them. It is not the individuals who should be blamed, but the system in which they operate. ( From “Democracy without Elections”)

Together with the iron law of oligarchy of organizations we have a very powerful combination.


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Power tends to corrupt…Why elections in a Particracy invariably lead to oligarchy?

We don’t really have a choice: there is little difference between the viable candidates

• Our power is extremely limited in time: every 4-5 years and nothing in between -> no intervention possible

• Money influences the result overwhelmingly: campaign contribution, media ownership, lobbying : EU 2008 - lobbies spending from 50 biggest corporations: 13.351.000 - 14.501.000 Euro + undeclared amount!

• The choice is difficult: an enormous amount of variables to take into account, including psychological variables (e.g. “Is he trustworthy? Is he lying?, etc…”)

• Parties make deals influencing their program after elections to form majorities


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Power tends to corrupt…Things do not tend to get better

Percent agreeing that “people have a say in what government does”

Matsusaka 2004 & Gallup polls

2007


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Politicians: a necessary evil?Every elites in history have used “myths” to justify their power

Today, the representative political system is based on the idea that people are not able to govern themselves, that they need elites to decide what’s good for them

Is it really so? Are politicians a necessary evil?


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Why?

Solution against the abuses of power (Checks and balances)

Setting the political agenda

Real representation: the point of view of each citizen is taken into account in each single decision

● If they want to

Representation by sortition (Demarchy) or non partisan

Efficiency: wisdom of crowds

Sovereignty to the people: Direct Democracy

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The wisdom of crowds

Averaging people’s opinions may allow to reach better decisions


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Agenda setting = Initiative

What are the basic ingredients?

Discussion and debate = Reflection

Decision = Legislation

By Representation – Initiative – Referendum - Recall

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Freedom of speech

What are the basic conditions?

Freedom of organisation

Transparency in government

Respect for all the people


A reliable justice department

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In the “parliamentary democracy” of the UK

What is SOVEREIGNTY ?

SOVEREIGNTY is described as follows:

The principle of Parliamentary sovereignty is the unshakeable keystone of Britain’s judicial system; it guarantees the continued supremacy of parliament. A codified constitution, which in many other countries restricts the powers of government, does not exist in Britain. Thus the only check on the power of Parliament is the sovereignty of future parliaments – legislation can always be overturned, treaties can always be broken and participation in the European Union is never truly binding.

In the “direct democracy” of Switzerland sovereignty belongs to the citizens


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Examples:

Around half the US statesGermany (states and communes)Venezuela (consejos comunales)BrazilItaly (federal and local)Latvia, Lithuania, Slovakia (referendum)

but in a way, they all have their differences …


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Major typesDirect: California, ….No interference of elected representativesIndirect : Switzerland, ……Elected representatives can launch a counterproposal

This possibilities becomes part of “tactics” that can be used.- Citizens are launching an initiative- Representatives are launching a counter proposal- Citizens have the right to redrawn their initiative or stand by it- Citizens have the right to launch a referendum on the counter proposalThis means that there is a possibility that citizens have to vote on three proposals about the same issue. In case of acceptance of two or three of the proposals the proposal with most yes votes wins (double yes).


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Direct Democracy in Switzerland

Role of the parliament:

Proposed laws are submitted to referendum eitherobligatorily (constitutional changes)or through citizen choice (signature gathering)

They are revocable (cantons)

Their budget is voted on (cantons)

They can make counter-proposals on initiatives

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The backbone:

Referendum: vote on politicians’ law proposalsobligatory or citizen-initiated ( plebiscite is not allowed)

The result is binding !

Initiative:law proposals submitted by citizens

Recall:end the mandate of elected representatives

Mandatory vote on budget at local level

Free participation : delegation from non voters to voters


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- Libertarian : democracy starts at municipal level and free associations are formed bottom-up.

- Constitutional : Switzerland has a constitution (but no constitutional court).

- Populist : The citizens, and only them, can change their constitution if they want to. A change of the constitution needs a “double majority” of the cantons and the people.

The Swiss system of Direct Democracy is a balance between different views on democracy


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Majority rule and Consensus- Majority rule (50%+1) : never changed where people have the power to do so

- Special case : Switzerland “double majority”.

- Cure : Can lead to tyranny of a minority

Jeremy Waldron, 1999, Law and Disagreement.May's theoremCondorcet's jury theorem

- Consensus : can be reached in small groups with enough common ground

– no right to another opinion

– watering down support (unstable solution)

– pressure on the last opponent(s)

James M Buchanan, Stability of solutions:


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Views on Direct Democracy -Libertarian : democracy, if necessary at all, is only acceptable at the lowest juridical level, municipality, neighborhood,.. . Direct Democracy is viewed as dictatorship of the majority.

- Constitutional : democracy has to be limited by a constitution, a social contract, divine law, …

- Populist : there is no authority above the people.

Direct Democracy is not perfect, it is a continuous learning system (source IRI Europe)

Criticisms of Direct Democracy

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Higher JusticeInvoking a “Higher Justice” is a high risk for any type of democracy.

• International law :– Human rights : which ? defined democratically ?

• Natural law : reason and revelation – Liberal natural law ( Locke, .. )– Devine Law ( Inquisition, Sharia,..)The imposition of a “higher justice” holds the danger of an exceptional and persistent tyrannical dictatorship.

In most cases this “higher justice” is characterised by granting privileges to a very limited group, .. Law interpreters, some categories of citizens, high priests ...

It is not the “Law” that imposes problems but the “interpretation” and enforcement of that interpretation by a powerfull elite, in some cases even appointed or payd by that same elite (for example the constitutional court in the US).


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As an example we can look at the suggestions of the Social threefolding (source wikipedia)

They distinguished three realms of society:

• The economy• Politics and human rights• Cultural institutions including science, education, arts and religion.

They suggested that the three would only function together harmoniously when each was granted sufficient independence. This has become known as "social threefolding".

Examples: A government should not be able to control culture; i.e., how people think, learn, or worship. A particular religion or ideology should not control the levers of the State. Pluralism and freedom were the ideal for education and cultural life. Concerning children, all families, not just those with economic means, should be enabled to choose among a wide variety of independent, non-government or public schools, from kindergarten through high school.


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How to go from here to there?

Politicians don’t want Direct Democracy and will do everything they can to prevent it from happening

The Trojan horse

brings Direct Democracy from within the representative system

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Ultimate objective

Introduce a democratic system that has the approval of all citizens

Transitory state

Allows to adjust the system smoothly

Allows to make people know about direct democracy and how it works

Allows to bring Direct Democracy without the need for the approval of the representative system or a revolution


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E-voting

E-voting has been used successfully in official elections:

EstoniaSwitzerlandUK


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Voting by ProxyVoting by proxy (delegation)

It may be interesting that voting by proxy (delegation) be allowed whereby a citizen may cast a vote on behalf of another citizen, as long as there is an official and public (or accountable) agreement between the citizens, ensuring maximum participation.

The direct Member’s vote can always override the delegate's vote and a Member can change their delegate at any time.

Any citizen has the right to become a delegate.

Voting by proxy = part of Liquid democracy


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E-voting

Pros and cons

Speed Potentially the fastest means of policy decision-making

Could potentially be too fast=> prevents thorough debate

Cost Potentially the cheapest method Campaigns needed to explain

and convince could be expensive Representation

Maximum representation if citizens participate directly and vote via delegates

Could exclude people that don’t have easy access to computers

Reliability/securityCan allow real auditability Still some security concerns at the

level of personal computers Trust

Can be fully open and accessible to anyone’s scrutiny

People might not trust something they don’t clearly understand


Pirate Democracy

● Party program. Has to attract as much people as possible.

Makes party discipline necessary

Democracy and an extensive program is a contradiction in itself.

● Party election candidates lists

Makes it possible for parties to enforce party discipline

● Political power makes it possible for the parties to financially reward “obedient” representatives.

Incompatibilities

Party program: basic (Participation, Transparency, revision patent legislation, freedom of speech, freedom of organisation, protection of privacy, free internet, individual human rights)

● Extension: Task Forces who initiate referenda or are working in support of citizens initiatives and petitions

● In abstention of Democracy, the party initiates local “liquid democracy” in accordance with the existing law.

● Example :

- The Pirates are against observation camera's in public places

- The Pirates supports the peoples initiative to make observation camera's with “face recognition” in public places subject to an obligatory referendum.

Pirate Democracy

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THE DEVILISH DETAILS Experiences with referenda

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Participation quorum

If the quorum is to high a quorum results in a boycott action

- unfair against the people who make the effort to vote.

- no theoretical justification whatsoever

- no comparable rule in the representative system

Therefore

We support the principle of the free mandate: everybody may vote if he wishes to do so, or give delegation to those who vote.

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The fact that a citizens initiative can’t adjourn a political decision is very discouraging.

-> leads to a massive aversion of politics and politicians (Paust)

Adjourn a decision

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No exclusion of subjects

• In almost all “Lander” (Germany) the council decides if a referendum is allowed. A lot of subjects are excluded by law => this procedure is not objective (Paust).

Therefore

All the subjects who can be treated by representative democracy must be allowed in Direct Democracy

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Publication

• A legally arranged publication by the government, with an equal opportunity to express the arguments of all parties involved, is indispensable.

• The use of public money for unilateral propaganda must be prohibited.

• The brochures, like they exist in Switzerland and California, can stand as a model.

Also the Oregon type of information provision is a good example. (citizens Jury apointed by sortition)

http://www.healthydemocracyoregon.org/cir

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OTHER TRICKS

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Ratification

• The hold off of ratification or conversion into law, after a successful binding referendum, is another example of political tactics.

• There must be a strict ruling about timing and automatic consequences if not respected.

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Counter Proposal

• If the government has the right to propose a counter proposal to an initiative that got the signature threshold, this counter proposal must be delivered within a limited time frame.

• At this moment (2011) the Swiss government is using his right to propose a “counter proposal” to stall an initiative, successfully launched in 2008.

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Incompatibilities• The Party program has to attract as much people as possible.

This makes party discipline necessary.

• Democracy and an extensive program is a contradiction in itself

• The party election candidates list makes it possible to enforce party discipline if there is a renumeration to the function.

• Political power makes it possible for the parties to financially reward “obedient” representatives.

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CONCLUSION

In a true democracy there is no authority above the people.

They decide by themselves, whenever they think it is necessary.

This includes the right of secession and free association in a "bottom up" organisation

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Questions to debate

• What is our definition of democracy ?• Do we need to keep some sort of

representative system (sortition or elected)?• How do we see the combination of a “party

program” and democracy ?• Is the Trojan horse strategy a viable

approach? Which obstacles do you anticipate?• Would you propose another strategy to

evolve to a real democracy?

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