The soul of Direct Democracy: Legitimation by communication The potentials of Direct Democracy to democratize Democracy

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The soul of Direct DemocracyLegitimation by
communication The potentials of Direct Democracy
to 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_at_andigross.ch

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1. Actual approach2. History of DD3.
Cornerstones of DD4. Design requirements5.
Central achievements6. Misunderstandings,
Conclusions, CH-Improvements
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I. We should overcome the banalisation of the
term Democracy

• Democracy enables us to be free.
• Freedom enables us to act together on our
  common life ( Life is not a destiny )
• Democracy constitutes the rules, rights and
  procedures to prevent conflicts to be solved
  violently
• Democracy is the only source for legitimate
  power

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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

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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

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Representative democracy is an essential part
of Democracy. But it should not have the
monopole of D.

• Indirect Democracy enables you to vote your
  representatives
• Direct Democracy enables you to vote on important
  issues you dont want to leave to your
  Representatives

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Direct Democracy is about people voting on
issues (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)

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Direct Democracy makes politics 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.

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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

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Modern DD was in CH and US an opposition
productBy the people for the people

• Liberal founders of modern CH from 1848 were
  elitists
• Many people feel themselves not representated by
  their parliament
• They created peoples movements who asked for the
  last word

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III. The 3 cornerstones of modern 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

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

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IV. Which are the basic (principal)products of
Direct Democracys best practices?

• Individ. / collective communicationdeliberations
  
• Multiple deliberations
• Collective learning potentials
• political openess et legitimate polity
• Identification with the DD process ( Democratic
  patriotism )

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DD on local and regional level is a condition to
restore confidence in democracy in order to
constitute DD on the national level and Democracy
on the transnational and global level

• ? DD reduces apathy
• DD reduces cynism
• DD restores trust in yourself and others
• ? DD reduces the personalization of politics and
  opens the public sphere to the essential
  questions of the society and our times

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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

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

• Allows to address unknown fellow citizens
• Increases serious deliberation opportunities
• Protects anonymity
• Facilitates the meeting of other social groups
• Enforces the overcoming of preducies

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

• DD is an instrument for those who are not
  powerful
• It helps to integrate minorities and diversity
• All hear and sea more when its easier not to be
  overlooked
• The Polity is more open and accessible for new
  ideas
• Unsolved problems may be less overlooked

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

• Those, who take part, decide
• No invitations to play against the spirit of DD
• You have to convince, when you want to win
• The majority of those, who participated, decide

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Ex. for high quality DD-Design (IV) No by
passing of the Parliament

• ID and DD are complementary
• ID and DD have to build up a cooperative culture
• Mutual Counterproposals increase the options
• Institutional deliberations increase
• the institutional learning and respondsivnes

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VI. What DD is not

• Quick fix and fast food
• An instrument to rule the people
• No consultation or public relation
• No internet-forum

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Wrong arguments against DD

• Too slow
• Too complicated
• Only digital answers
• Desinterest of citizens
• People are too busy

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How the Swiss DD might be improved

• Public financing of the political parties
• More professional parliament
• Transparent and fairer campaigning
• Communal democracy houses
• More pluralistic regional and local press
• Building of transnational democracy