Legal Aspects of Implementing a Deliberative System

Abstract

According to Parkinson and Mansbridge, a deliberative system means “one that encompasses a talk-based approach to political conflict and problem-solving through arguing, demonstrating, expressing, and persuading” (2012: 4-5). Engaging citizens in political decisions through deliberative procedures has long been recognized as one potential way to improve the substantive quality of decision-making as well as the legitimacy of institutions in the eyes of the public. Deliberative systems would formalize and institutionalize the regular use of such deliberative procedures. In order to minimize the barriers to the adoption of such systems and accelerate democratic change, it is claimed that the deliberative system should be implemented from within existing institutions (Goodin 2009). However, to make the advancement of the deliberative system practical, one has to consider the intervening role of regulations. The law sets the context for deliberative policy-making through procedures, which guide processes (Levy 2013). As such, it impacts on the quality of interactions between policy-makers and citizens as well as on their outcomes. Consequently, the introduction of a deliberative system requires the modification of existing legal rules or the enactment of new ones. The panel aims at identifying the various legal challenges to the implementation of a deliberative system and discussing potential solutions to the recognized obstacles. Questions that are addressed in the papers include: 1) How to reconcile the universal rights of citizens to participate in political activities (embedded in constitutions) with the participant selection procedures in public consultations inspired by the model of deliberation? 2) To what degree are norms of deliberation embedded in regulations on public consultations in the multilevel governance system? 3) What deliberative mechanisms have been institutionalized so far, and how have legal regulations been adapted to make it possible? 4) How do the institutionalized standards of civic participation evolve? 5) What changes in the law are necessary to use Information and Communication Technologies in deliberative participatory processes? The panel brings together a variety of disciplinary perspectives on these issues, covering several different national contexts such as Germany, France, Poland, and the United States. References Goodin, R.E. (2008). Innovating Democracy. Democratic Theory and Practice After the Deliberative Turn. Oxford: Oxford University Press. Levy, R. (2013). The Law of Deliberative Democracy: Seeding the Field. Election Law Journal, 12 (4), 355-371. DOI: 10.1089/elj.2013.1242. Parkinson, J., & Mansbridge, J. (Eds.). (2012). Deliberative Systems. Deliberative Democracy at the Large Scale. Cambridge: Cambridge University Press.

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