The soul of Direct Democracy:Legitimation by communication

The potentials of Direct Democracy The potentials of Direct Democracy to democratize Democracyto democratize Democracy

A presentation for Russian Experts

by Andreas Gross (Switzerland)Director of the Scientific Institute for Direct Democracy in

St.Ursanne and Swiss MP& Member of PA of Council of Europe

Guggisberg, 23. November 2006

www.andigross.ch info@andigross.ch

1. Actual approach1. Actual approach2. History of DD2. History of DD3. Cornerstones of DD3. Cornerstones of DD4. Design requirements4. Design requirements5. Central achievements5. Central achievements6. Misunderstandings, 6. Misunderstandings, Conclusions, CH-Improvements Conclusions, CH-Improvements

I. I. We should overcome the We should overcome the banalisation of the term banalisation of the term

“Democracy”

Democracy enables us to be Democracy enables us to be free.. Freedom enables us to act together on our Freedom enables us to act together on our

common life (« common life (« Life is not a destiny ») ») Democracy constitutes the rules, rights and Democracy constitutes the rules, rights and

procedures to procedures to prevent conflicts to be solved violentlyprevent conflicts to be solved violently Democracy is the only source for Democracy is the only source for legitimate power

The difficulties to become a democrat in a post-totalitarian

context

Every individual human being counts - equally Citizens are subjects, not objects of politics - they

act on their one behalf In order to develop your power, you have to act

together with likeminded people Nobody knows the truth - everybody knows a part

of it Life means conflict - conflicts have nothing to do

with violence

The difficulties to built the cornerstones of a democracy in a

post-totalitarian, capitalistic context

Separation of powers: Independent Parliament and Judiciary

Rule of law and pluralism Human Rights und their protection

Freedom of the press and public (not state) TV Civil society

Representative democracy is an essential part of Democracy.

But it should not have But it should not have the monopole of D.the monopole of D.

Indirect Democracy enables you to vote enables you to vote your representatives;your representatives;

Direct Democracy enables you to vote on enables you to vote on important issues you don’t want to leave important issues you don’t want to leave

to your Representativesto your Representatives

Direct Democracy is about people voting on issues ((Constitut. or legislat. changes)Constitut. or legislat. changes)

The Right to Vote on important issues creates a particular culture of democracy

and changes the political and the communicative culture of a country(More substance, more alternatives, more

differentiation, more deepness, more knowledge)

Direct Democracy makes Direct Democracy makes politics more communicativepolitics more communicative

Citizens will try to convince each other In order to be convincing they have to

listen and to speak with each other Public Discourses get more substance

People see, hear and learn more A learning society may solve problems

quicker and more in the interest of the people.

II. II. Modern DD was not made in CH - it was only most practised in CH

Assembly selfruling traditions in New England States 17. century

Modern Referendum is a innovation of the French Revolution 1793

Citizens Initiative: An innovation of french and german Radical Democrats 1830ff

Modern DD was in CH and US Modern DD was in CH and US an opposition productan opposition product::

By the people for the people Liberal founders of modern CH from 1848 were el

itists Many people feel themselves not representated b

y their parliament They created peoples movements who asked for

the “last word”

III. III. The 3 cornerstones of moderThe 3 cornerstones of modern Direct Democracyn Direct Democracy

Secret vote by ballot-box, mail or internet : No assemblies

Some citizens decide when all citizens may decide: No plesbiscites

Issues (const./legisl. Reforms): No personal decisions

DD is a set of participatorial DD is a set of participatorial citizens rights - much more citizens rights - much more

than just a referendumthan just a referendum Const.Referendum (1848)

Optional legislat. Referendum (1874) Const.pop.Initiative (1891)

Threaty Referendum (1921/77/03) General/legislat. Initiative

Konstruct.Referendum Financial Referendum

IV. Which are the basic (“principal”)products of Direct Democracy’s best practices??

Individ. / collective Individ. / collective communication&deliberationscommunication&deliberations

Multiple deliberationsMultiple deliberations Collective learning potentialsCollective learning potentials

political openess et legitimate politypolitical openess et legitimate polity Identification with the DD process Identification with the DD process

(« Democratic patriotism ») (« Democratic patriotism »)

DD on local and regional level is a condition to DD on local and regional level is a condition to restore confidence in democracy in order to restore confidence in democracy in order to

constituteconstitute DD on the national level and Democracy DD on the national level and Democracy on the transnational and global levelon the transnational and global level

DD reduces apathyDD reduces apathy DD reduces cynism DD reduces cynism

DD restores trust in yourself and othersDD restores trust in yourself and others DD reduces the personalization of politics and DD reduces the personalization of politics and

opens the public sphere to the essential questions opens the public sphere to the essential questions of the society and our timesof the society and our times

V. V. The quality of the design of the process determines the quality of the outcome and the quality of the

side - effects

The design of the process is essential for the « usefulness » of DD for any

community. Each level (local, regional,national,

transnational) requires a special design

Ex. for high quality DD-Design (I) :Free signature gatheringFree signature gathering

Allows to address unknown fellow citizensAllows to address unknown fellow citizens Increases serious deliberation opportunitiesIncreases serious deliberation opportunities

Protects anonymityProtects anonymity Facilitates the meeting of other social groupsFacilitates the meeting of other social groups

Enforces the overcoming of preduciesEnforces the overcoming of preducies

Ex. for high quality DD-Design (II) :Low % signature requirementsLow % signature requirements

DD is an instrument for those who are not powerfulDD is an instrument for those who are not powerful It helps to integrate minorities and diversityIt helps to integrate minorities and diversity

All hear and sea more when it’s easier not to be overlookedAll hear and sea more when it’s easier not to be overlooked The Polity is more open and accessible for new ideasThe Polity is more open and accessible for new ideas

Unsolved problems may be less overlookedUnsolved problems may be less overlooked

Ex. for high quality DD-Design (III) No special majority qualifications No special majority qualifications

(“quorums”)(“quorums”)

Those, who take part, decideThose, who take part, decide No invitations to play against the spirit of DDNo invitations to play against the spirit of DD You have to convince, when you want to winYou have to convince, when you want to win

The majority of those, who participated, decideThe majority of those, who participated, decide

Ex. for high quality DD-Design (IV):

No by passing of the ParliamentNo by passing of the Parliament

ID and DD are complementaryID and DD are complementary ID and DD have to build up a cooperative cultureID and DD have to build up a cooperative culture Mutual Counterproposals increase the optionsMutual Counterproposals increase the options

Institutional deliberations increase Institutional deliberations increase

the institutional learning and respondsivnesthe institutional learning and respondsivnes

VI. What DD is not:

Quick fix and fast foodQuick fix and fast food An instrument to rule the peopleAn instrument to rule the people

No consultation or public relationNo consultation or public relation No internet-forumNo internet-forum

Wrong arguments against DD:

Too slowToo slow Too complicatedToo complicated

Only digital answersOnly digital answers Desinterest of citizensDesinterest of citizens

People are too busyPeople are too busy

How the Swiss DD might be improved:

Public financing of the political partiesPublic financing of the political parties More professional parliamentMore professional parliament

Transparent and fairer campaigningTransparent and fairer campaigning Communal democracy housesCommunal democracy houses

More pluralistic regional and local pressMore pluralistic regional and local press Building of transnational democracyBuilding of transnational democracy