Can “We the People” really help draft a national constitution? (sort of..)

by David Sutcliffe 16/08/2018

There is a clear trend of greater public participation in the process of constitution making, and with the growth of e-democracy tools, this trend is likely to continue.

by David Sutcliffe 16/08/2018

Þingvellir: location of the Althing, the national parliament of Iceland, established in 930 AD with sessions held at the location until 1798. Image: Luc Van Braekel (Flickr CC BY 2.0).

As innovations like social media and open government initiatives have become an integral part of politics in the twenty-first century, there is increasing interest in the possibility of citizens directly participating in the drafting of legislation. Indeed, there is a clear trend of greater public participation in the process of constitution making, and with the growth of e-democracy tools, this trend is likely to continue. However, this view is certainly not universally held, and a number of recent studies have been much more skeptical about the value of public participation, questioning whether it has any real impact on the text of a constitution. Following the banking crisis, and a groundswell of popular opposition to the existing political system in 2009, the people of Iceland embarked on a unique process of constitutional reform. Having opened the entire drafting process to public input and scrutiny, these efforts culminated in Iceland’s 2011 draft crowdsourced constitution: reputedly the world’s first. In his Policy & Internet article “When Does Public Participation Make a Difference? Evidence From Iceland’s Crowdsourced Constitution”, Alexander Hudson examines the impact that the Icelandic public had on the development of the draft constitution. He finds that almost 10 percent of the written proposals submitted generated a change in the draft text, particularly in the area of rights. This remarkably high number is likely explained by the isolation of the drafters from both political parties and special interests, making them more reliant on and open to input from the public. However, although this would appear to be an example of successful public crowdsourcing, the new constitution was ultimately rejected by parliament. Iceland’s experiment with participatory drafting therefore demonstrates the possibility of successful online public engagement — but also the need to connect the masses with the political elites. It was the disconnect between these groups that triggered the initial protests and constitutional reform, but also that led to its ultimate failure. We caught…

Democracy, Politics & Government

Does crowdsourcing citizen initiatives affect attitudes towards democracy?

by Henrik Serup Christensen 22/11/2015

Exploring how involvement in the citizen initiatives affects attitudes towards democracy

by Henrik Serup Christensen 22/11/2015

Crowdsourcing legislation is an example of a democratic innovation that gives citizens a say in the legislative process. In their Policy and Internet journal article ‘Does Crowdsourcing Legislation Increase Political Legitimacy? The Case of Avoin Ministeriö in Finland’, Henrik Serup Christensen, Maija Karjalainen and Laura Nurminen explore how involvement in the citizen initiatives affects attitudes towards democracy. They find that crowdsourcing citizen initiatives can potentially strengthen political legitimacy, but both outcomes and procedures matter for the effects. Crowdsourcing is a recent buzzword that describes efforts to use the Internet to mobilise online communities to achieve specific organisational goals. While crowdsourcing serves several purposes, the most interesting potential from a democratic perspective is the ability to crowdsource legislation. By giving citizens the means to affect the legislative process more directly, crowdsourcing legislation is an example of a democratic innovation that gives citizens a say in the legislative process. Recent years have witnessed a scholarly debate on whether such new forms of participatory governance can help cure democratic deficits such as a declining political legitimacy of the political system in the eyes of the citizenry. However, it is still not clear how taking part in crowdsourcing affects the political attitudes of the participants, and the potential impact of such democratic innovations therefore remain unclear. In our study, we contribute to this research agenda by exploring how crowdsourcing citizens’ initiatives affected political attitudes in Finland. The non-binding Citizens’ Initiative instrument in Finland was introduced in spring 2012 to give citizens the chance to influence the agenda of the political decision making. In particular, we zoom in on people active on the Internet website Avoin Ministeriö (Open Ministry), which is a site based on the idea of crowdsourcing where users can draft citizens’ initiatives and deliberate on their contents. As is frequently the case for studies of crowdsourcing, we find that only a small portion of the users are actively involved in the crowdsourcing process. The option to deliberate…

Collective Action, Interviews, Politics & Government

Do Finland’s digitally crowdsourced laws show a way to resolve democracy’s “legitimacy crisis”?

by Taneli Heikka 16/11/2015

Discussing the digitally crowdsourced law for same-sex marriage that was passed in Finland and analysing how the campaign created practices that affect democratic citizenship.

by Taneli Heikka 16/11/2015

There is much discussion about a perceived “legitimacy crisis” in democracy. In his article The Rise of the Mediating Citizen: Time, Space, and Citizenship in the Crowdsourcing of Finnish Legislation, Taneli Heikka (University of Jyväskylä) discusses the digitally crowdsourced law for same-sex marriage that was passed in Finland in 2014, analysing how the campaign used new digital tools and created practices that affect democratic citizenship and power making. Ed: There is much discussion about a perceived “legitimacy crisis” in democracy. For example, less than half of the Finnish electorate under 40 choose to vote. In your article you argue that Finland’s 2012 Citizens’ Initiative Act aimed to address this problem by allowing for the crowdsourcing of ideas for new legislation. How common is this idea? (And indeed, how successful?) Taneli: The idea that digital participation could counter the “legitimacy crisis” is a fairly common one. Digital utopians have nurtured that idea from the early years of the internet, and have often been disappointed. A couple of things stand out in the Finnish experiment that make it worth a closer look. First, the digital crowdsourcing system with strong digital identification is a reliable and potentially viral campaigning tool. Most civic initiative systems I have encountered rely on manual or otherwise cumbersome, and less reliable, signature collection methods. Second, in the Finnish model, initiatives that break the threshold of 50,000 names must be treated in the Parliament equally to an initiative from a group of MPs. This gives the initiative constitutional and political weight. Ed: The Act led to the passage of Finland’s first equal marriage law in 2014. In this case, online platforms were created for collecting signatures as well as drafting legislation. An NGO created a well-used platform, but it subsequently had to shut it down because it couldn’t afford the electronic signature system. Crowds are great, but not a silver bullet if something as prosaic as authentication is impossible. Where should the…