On Iceland’s Crowdsourced Constitution


Larry Lessig: “In the history of constitutions across the world, America has had a unique place: Ours was the first constitution ratified by the people in convention. But Iceland has now done something much more significant: For the first time in the history of the world, and using a technology only possible in the21st century, the people of a nation have crafted their own constitution through an open and inclusive crowd-sourcing process. Yet astonishingly,that constitution remains unenforced.

As everyone in [Iceland] knows, after the financial disasters of 2008, the citizens of Iceland began a process to claim back their own sovereignty.Building on the values identified by 1,000 randomly selected citizens,Icelanders launched a process to crowdsource a new constitution. That initiative was then ratified when the Parliament established a procedure for selecting delegates to a drafting commission. More than 500 citizens ran to serve on that 25 person commission. Over four months, the commissioners met to draft a constitution, with their work made available for public comment throughout the process. More than 3600 comments were offered by the public, leading to scores of modifications. The final draft, adopted unanimously, was then sent to the parliament and to the people. More than2/3ds of voters endorsed the document in a non-binding referendum as the basis of a new constitution.

Never in the history of constitutionalism has anything like this ever been done. If democracy is rule by the people — if the sovereignty of a democratic nation is ultimately the people — then this process and the constitution it produced is as authentic and binding as any in the world. Yet the parliament of Iceland has refused to allow this constitution to go into effect. And the question that anyone in the movements for democracy across the world must ask is just this: By what right?

No doubt, the procedure for crafting and ultimately ratifying the constitution included as the final step Parliament’s sanction — just as the procedure for selecting a government in Britain is subject ultimately to theQueen’s sanction. But the Queen understands the limited power that right conveys — if Britain is to call itself a democracy. And the same is true ofIceland. When the people have acted as they have here — by crafting a constitution in the most inclusive and reflective way that has ever, in the history of constitutionalism, happened, and then endorsed that work by a popular vote, by what moral authority does the Parliament now say no? No doubt, there are parts of the constitution that some don’t like. But democracy is not a promise of perfection. And no constitution in the history of the world has ever been loved by everyone it affected — just ask the million African slaves whose freedom was made unconstitutional through1808 by America’s popularly ratified constitution.

The question for Iceland is, who is sovereign? Is it the people or is it not?And if it is the people, will the people demand that their will be respected?…(More)”

Public Spending, by the People


Public Agenda: “From 2014 to 2015, more than 70,000 residents across the United States and Canada directly decided how their cities and districts should spend nearly $50 million in public funds through a process known as participatory budgeting (PB). PB is among the fastest growing forms of public engagement in local governance, having expanded to 46 communities in the U.S. and Canada in just 6 years.

PB is a young practice in the U.S. and Canada. Until now, there’s been no way for people to get a general understanding of how communities across the U.S. implement PB, who participates, and what sorts of projects get funded. Our report, “Public Spending, By the People” offers the first-ever comprehensive analysis of PB in the U.S. and Canada.

Here’s a summary of what we found:

Overall, communities using PB have invested substantially in the process and have seen diverse participation. But cities and districts vary widely in how they implemented their processes, who participated and what projects voters decided to fund. Officials vary in how much money they allocate to PB and some communities lag far behind in their representation of lower-income and less educated residents.

The data in this report came from 46 different PB processes across the U.S. and Canada. The report is a collaboration with local PB evaluators and practitioners. The work was funded by the Democracy Fund and the Rita Allen Foundation, and completed through a research partnership with the Kettering Foundation.

You can read the findings in brief below, download a PDF of the executive summary, download the full report or scroll through charts and graphics from the report. This report is also part of an ongoing Public Agenda project on participatory budgeting – you can read about the project here.”

Crowdsourced Deliberation: The Case of the Law on Off-Road Traffic in Finland


Tanja Aitamurto and Hélène Landemore in Policy & Internet: “This article examines the emergence of democratic deliberation in a crowdsourced law reform process. The empirical context of the study is a crowdsourced legislative reform in Finland, initiated by the Finnish government. The findings suggest that online exchanges in the crowdsourced process qualify as democratic deliberation according to the classical definition. We introduce the term “crowdsourced deliberation” to mean an open, asynchronous, depersonalized, and distributed kind of online deliberation occurring among self-selected participants in the context of an attempt by government or another organization to open up the policymaking or lawmaking process. The article helps to characterize the nature of crowdsourced policymaking and to understand its possibilities as a practice for implementing open government principles. We aim to make a contribution to the literature on crowdsourcing in policymaking, participatory and deliberative democracy and, specifically, the newly emerging subfield in deliberative democracy that focuses on “deliberative systems.”…(More)”

Citizens breaking out of filter bubbles: Urban screens as civic media


Conference Paper by Satchell, Christine et al :”Social media platforms risk polarising public opinions by employing proprietary algorithms that produce filter bubbles and echo chambers. As a result, the ability of citizens and communities to engage in robust debate in the public sphere is diminished. In response, this paper highlights the capacity of urban interfaces, such as pervasive displays, to counteract this trend by exposing citizens to the socio-cultural diversity of the city. Engagement with different ideas, networks and communities is crucial to both innovation and the functioning of democracy. We discuss examples of urban interfaces designed to play a key role in fostering this engagement. Based on an analysis of works empirically-grounded in field observations and design research, we call for a theoretical framework that positions pervasive displays and other urban interfaces as civic media. We argue that when designed for more than wayfinding, advertisement or television broadcasts, urban screens as civic media can rectify some of the pitfalls of social media by allowing the polarised user to break out of their filter bubble and embrace the cultural diversity and richness of the city….(More)”

Poli-hobbyism: A Theory of Mass Politics


Eitan D. Hersh: “For many citizens, participation in politics is not motivated by civic duty or selfinterest, but by hobbyism: the objective is self-gratification. I offer a theory of political hobbyism, situate the theory in existing literature, and define and distinguish the hobbyist motivation from its alternatives. I argue that the prevalence of political hobbyism depends on historical conditions related to the nature of leisure time, the openness of the political process to mass participation, and the level of perceived threat. I articulate an empirical research agenda, highlighting how poli-hobbyism can help explain characteristics of participants, forms of participation, rates of participation, and the nature of partisanship. Political hobbyism presents serious problems for a functioning democracy, including participants confusing high stakes for low stakes, participation too focused on the gratifying aspects of politics, and unnecessarily potent partisan rivalries….(More)”

The Wisdom of the Many in Global Governance: An Epistemic-Democratic Defence of Diversity and Inclusion


Paper by Stevenson, H. : “Over the past two decades, a growing body of literature has highlighted moral reasons for taking global democracy seriously. This literature justifies democracy on the grounds of its intrinsic value. But democracy also has instrumental value: the rule of the many is epistemically superior to the rule of one or the rule of the few. This paper draws on the tradition of epistemic democracy to develop an instrumentalist justification for democratizing global governance. The tradition of epistemic democracy is enjoying a renaissance within political theory and popular non-fiction, yet its relevance for international relations remains unexplored. I develop an epistemic-democratic framework for evaluating political institutions, which is constituted by three principles. The likelihood of making correct decisions within institutions of global governance will be greater when (1) human development and capacity for participation is maximised; (2) the internal cognitive diversity of global institutions is maximised; and (3) public opportunities for sharing objective and subjective knowledge are maximised. Applying this framework to global governance produces a better understanding of the nature and extent of the ‘democratic deficit’ of global governance, as well as the actions required to address this deficit….(More)”

Mexico City is crowdsourcing its new constitution using Change.org in a democracy experiment


Ana Campoy at Quartz: “Mexico City just launched a massive experiment in digital democracy. It is asking its nearly 9 million residents to help draft a new constitution through social media. The crowdsourcing exercise is unprecedented in Mexico—and pretty much everywhere else.

as locals are known, can petition for issues to be included in the constitution through Change.org (link inSpanish), and make their case in person if they gather more than 10,000 signatures. They can also annotate proposals by the constitution drafters via PubPub, an editing platform (Spanish) similar to GoogleDocs.

The idea, in the words of the mayor, Miguel Angel Mancera, is to“bestow the constitution project (Spanish) with a democratic,progressive, inclusive, civic and plural character.”

There’s a big catch, however. The constitutional assembly—the body that has the final word on the new city’s basic law—is under no obligation to consider any of the citizen input. And then there are the practical difficulties of collecting and summarizing the myriad of views dispersed throughout one of the world’s largest cities.

That makes Mexico City’s public-consultation experiment a big test for the people’s digital power, one being watched around the world.Fittingly, the idea of crowdsourcing a constitution came about in response to an attempt to limit people power.

Fittingly, the idea of crowdsourcing a constitution came about in response to an attempt to limit people power.
For decades, city officials had fought to get out from under the thumb of the federal government, which had the final word on decisions such as who should be the city’s chief of police. This year, finally, they won a legal change that turns the Distrito Federal (federal district), similar to the US’s District of Columbia, into Ciudad de México (Mexico City), a more autonomous entity, more akin to a state. (Confusingly, it’s just part of the larger urban area also colloquially known as Mexico City, which spills into neighboring states.)

However, trying to retain some control, the Mexican congress decided that only 60% of the delegates to the city’s constitutional assembly would be elected by popular vote. The rest will be assigned by the president, congress, and Mancera, the mayor. Mancera is also the only one who can submit a draft constitution to the assembly.

Mancera’s response was to create a committee of some 30 citizens(Spanish), including politicians, human-rights advocates, journalists,and even a Paralympic gold medalist, to write his draft. He also calledfor the development of mechanisms to gather citizens’ “aspirations,values, and longing for freedom and justice” so they can beincorporated into the final document.

 The mechanisms, embedded in an online platform (Spanish) that offersvarious ways to weigh in, were launched at the end of March and willcollect inputs until September 1. The drafting group has until themiddle of that month to file its text with the assembly, which has toapprove the new constitution by the end of January.
 An experiment with few precedents

Mexico City didn’t have a lot of examples to draw on, since not a lot ofplaces have experience with crowdsourcing laws. In the US, a few locallawmakers have used Wiki pages and GitHub to draft bills, says MarilynBautista, a lecturer at Stanford Law School who has researched thepractice. Iceland—with a population some 27 times smaller than MexicoCity’s—famously had its citizens contribute to its constitution withinput from social media. The effort failed after the new constitution gotstuck in parliament.

In Mexico City, where many citizens already feel left out, the first bighurdle is to convince them it’s worth participating….

Then comes the task of making sense of the cacophony that will likelyemerge. Some of the input can be very easily organized—the results ofthe survey, for example, are being graphed in real time. But there could be thousands of documents and comments on the Change.org petitionsand the editing platform.

 Ideas are grouped into 18 topics, such as direct democracy,transparency and economic rights. They are prioritized based on theamount of support they’ve garnered and how relevant they are, saidBernardo Rivera, an adviser for the city. Drafters get a weekly deliveryof summarized citizen petitions….
An essay about human rights on the PubPub platform.(PubPub)

The most elaborate part of the system is PubPub, an open publishing platform similar to Google Docs, which is based on a project originally developed by MIT’s Media Lab. The drafters are supposed to post essays on how to address constitutional issues, and potentially, the constitution draft itself, once there is one. Only they—or whoever they authorize—will be able to reword the original document.

User comments and edits are recorded on a side panel, with links to the portion of text they refer to. Another screen records every change, so everyone can track which suggestions have made it into the text. Members of the public can also vote comments up or down, or post their own essays….(More).

The Open Data Barometer (3rd edition)


The Open Data Barometer: “Once the preserve of academics and statisticians, data has become a development cause embraced by everyone from grassroots activists to the UN Secretary-General. There’s now a clear understanding that we need robust data to drive democracy and development — and a lot of it.

Last year, the world agreed the Sustainable Development Goals (SDGs) — seventeen global commitments that set an ambitious agenda to end poverty, fight inequality and tackle climate change by 2030. Recognising that good data is essential to the success of the SDGs, the Global Partnership for Sustainable Development Data and the International Open Data Charter were launched as the SDGs were unveiled. These alliances mean the “data revolution” now has over 100 champions willing to fight for it. Meanwhile, Africa adopted the African Data Consensus — a roadmap to improving data standards and availability in a region that has notoriously struggled to capture even basic information such as birth registration.

But while much has been made of the need for bigger and better data to power the SDGs, this year’s Barometer follows the lead set by the International Open Data Charter by focusing on how much of this data will be openly available to the public.

Open data is essential to building accountable and effective institutions, and to ensuring public access to information — both goals of SDG 16. It is also essential for meaningful monitoring of progress on all 169 SDG targets. Yet the promise and possibilities offered by opening up data to journalists, human rights defenders, parliamentarians, and citizens at large go far beyond even these….

At a glance, here are this year’s key findings on the state of open data around the world:

    • Open data is entering the mainstream.The majority of the countries in the survey (55%) now have an open data initiative in place and a national data catalogue providing access to datasets available for re-use. Moreover, new open data initiatives are getting underway or are promised for the near future in a number of countries, including Ecuador, Jamaica, St. Lucia, Nepal, Thailand, Botswana, Ethiopia, Nigeria, Rwanda and Uganda. Demand is high: civil society and the tech community are using government data in 93% of countries surveyed, even in countries where that data is not yet fully open.
    • Despite this, there’s been little to no progress on the number of truly open datasets around the world.Even with the rapid spread of open government data plans and policies, too much critical data remains locked in government filing cabinets. For example, only two countries publish acceptable detailed open public spending data. Of all 1,380 government datasets surveyed, almost 90% are still closed — roughly the same as in the last edition of the Open Data Barometer (when only 130 out of 1,290 datasets, or 10%, were open). What is more, much of the approximately 10% of data that meets the open definition is of poor quality, making it difficult for potential data users to access, process and work with it effectively.
    • “Open-washing” is jeopardising progress. Many governments have advertised their open data policies as a way to burnish their democratic and transparent credentials. But open data, while extremely important, is just one component of a responsive and accountable government. Open data initiatives cannot be effective if not supported by a culture of openness where citizens are encouraged to ask questions and engage, and supported by a legal framework. Disturbingly, in this edition we saw a backslide on freedom of information, transparency, accountability, and privacy indicators in some countries. Until all these factors are in place, open data cannot be a true SDG accelerator.
    • Implementation and resourcing are the weakest links.Progress on the Barometer’s implementation and impact indicators has stalled or even gone into reverse in some cases. Open data can result in net savings for the public purse, but getting individual ministries to allocate the budget and staff needed to publish their data is often an uphill battle, and investment in building user capacity (both inside and outside of government) is scarce. Open data is not yet entrenched in law or policy, and the legal frameworks supporting most open data initiatives are weak. This is a symptom of the tendency of governments to view open data as a fad or experiment with little to no long-term strategy behind its implementation. This results in haphazard implementation, weak demand and limited impact.
    • The gap between data haves and have-nots needs urgent attention.Twenty-six of the top 30 countries in the ranking are high-income countries. Half of open datasets in our study are found in just the top 10 OECD countries, while almost none are in African countries. As the UN pointed out last year, such gaps could create “a whole new inequality frontier” if allowed to persist. Open data champions in several developing countries have launched fledgling initiatives, but too often those good open data intentions are not adequately resourced, resulting in weak momentum and limited success.
    • Governments at the top of the Barometer are being challenged by a new generation of open data adopters. Traditional open data stalwarts such as the USA and UK have seen their rate of progress on open data slow, signalling that new political will and momentum may be needed as more difficult elements of open data are tackled. Fortunately, a new generation of open data adopters, including France, Canada, Mexico, Uruguay, South Korea and the Philippines, are starting to challenge the ranking leaders and are adopting a leadership attitude in their respective regions. The International Open Data Charter could be an important vehicle to sustain and increase momentum in challenger countries, while also stimulating renewed energy in traditional open data leaders….(More)”

The creative citizen unbound


The creative citizen unbound

Book by Ian Hargreaves and John Hartley on “How social media and DIY culture contribute to democracy, communities and the creative economy”: “The creative citizen unbound introduces the concept of ‘creative citizenship’ to explore the potential of civic-minded creative individuals in the era of social media and in the context of an expanding creative economy. Drawing on the findings of a 30-month study of communities supported by the UK research funding councils, multidisciplinary contributors examine the value and nature of creative citizenship, not only in terms of its contribution to civic life and social capital but also to more contested notions of value, both economic and cultural. This original book will be beneficial to researchers and students across a range of disciplines including media and communication, political science, economics, planning and economic geography, and the creative and performing arts….(More)”

The internet’s age of assembly is upon us


Ehud Shapiro in the Financial Times: “In 20 years, the internet has matured and has reached its equivalent of the Middle Ages. It has large feudal communities, with rulers who control everything and billions of serfs without civil rights. History tells us that the medieval era was followed by the Enlightenment. That great thinker of Enlightenment liberalism, John Stuart Mill, declared that there are three basic freedoms: freedom of thought and speech; freedom of “tastes and pursuits”; and the freedom to unite with others. The first two kinds of freedom are provided by the internet in abundance, at least in free countries.

But today’s internet technology does not support freedom of assembly, and consequently does not support democracy. For how can we practice democracy if people cannot assemble to discuss, take collective action or form political parties? The reason is that the internet currently is a masquerade. We can easily form a group on Google or Facebook, but we cannot know for sure who its members are. Online, people are sometimes not who they say they are.

Fortunately, help is on the way. The United Nations and the World Bank are committed to providing digital IDs to every person on the planet by 2030.

Digital IDs are smart cards that use public key cryptography, contain biometric information and allow easy proof of identity. They are already being used in many countries, but widespread use of them on the internet will require standardisation and seamless smartphone integration, which are yet to come.

In the meantime, we need to ask what kind of democracy could be realised on the internet. A new kind of online democracy is already emerging, with software such as Liquid Feedback or Adhocracy, which power “proposition development” and decision making. Known as “liquid” or “delegative democracy”, this is a hybrid of existing forms of direct and representative democracy.

It is like direct democracy, in that every vote is decided by the entire membership, directly or via delegation. It resembles representative democracy in that members normally trust delegates to vote on their behalf. But delegates must constantly earn the trust of the other members.

Another key question concerns which voting system to use. Systems that allow voters to rank alternatives are generally considered superior. Both delegative democracy and ranked voting require complex software and algorithms, and so previously were not practical. But they are uniquely suited to the internet.

Although today there are only a handful of efforts at internet democracy, I believe that smartphone-ready digital IDs will eventually usher in a “Cambrian explosion” of democratic forms. The resulting internet democracy will be far superior to its offline counterpart. Imagine a Facebook-like community that encompasses all of humanity. We may call it “united humanity”, as it will unite people, not nations. It will win hearts and minds by offering people the prospect of genuine participation, both locally and globally, in the democratic process….(More)