Deliberative referendum

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A deliberative referendum is a referendum that increases public deliberation through purposeful institutional design.[1]:557 The term "deliberative referendum" stems from deliberative democracy,[2]:509 which emphasises that "the legitimacy of decisions can be increased if...decisions are preceded by authentic deliberation."[3]:903 Deliberative design features can promote public deliberation prior to and during the referendum vote to increase its actual and perceived legitimacy.[3]:910 Deliberative referendums encourage open-minded and informed reasoning, rather than rigid "pre-formed opinions".[2]:508-512 "[A]fter deliberations, citizens routinely alter their preferences".[3]:910

In practice, a deliberative referendum includes a variety of institutional design features. These include using a citizens' jury to set referendum questions and educate the public, further public education via mandatory interactive tutorials before voting, and focusing referendums on broad values rather than technicalities.[4] Some authors note how legal regulation can also aid referendum deliberation.[2]:523

One deliberative referendum method is the Citizens' Initiative Review; this is a randomly-selected body, similar to a citizen's jury, convened specifically to deliberate on a ballot initiative or referendum that voters in the same jurisdiction (such as a city, state, province, or country) will later vote on.[5]

Constitutional deliberative referendums can "provide citizens with a meaningful say in determining the most fundamental constitutional decisions that affect their lives".[2]:510 Voter deliberation is significant here as the referendum result could change the state's political status or impact the enjoyment of human rights.[1]:559

  1. ^ a b Levy, Ron (2013) "Deliberative Voting: Realising Constitutional Referendum Democracy" Public Law
  2. ^ a b c d Tierney, Stephen (2013) "Using Electoral Law to Construct a Deliberative Referendum Moving Beyond the Democratic Paradox" 12(4) Election Law Journal
  3. ^ a b c Leib, Ethan J (2006) "Can Direct Democracy Be Made Deliberative?" 54 Buffalo Law Review
  4. ^ Levy, Ron (2017) "The Deliberative Case for Constitutional Referenda" Election Law Journal p. 214-215.
  5. ^ John Gastil and Robert Richards, "Making Direct Democracy Deliberative Through Random Assemblies" (2013) 41(2), Politics & Society