Keith Sutherland and I have written a brief paper for the upcoming Political Thought Conference in January. I think we’ve reduced some complex ideas down to something easily digestible. The approach to sortition we are proposing is eminently feasible with only minor modifications to the structure of current legislative chambers. Here is the abstract:
Isegoria (equal speech) and isonomia (equal law), the two norms that
constituted classical Athenian democracy, were implemented respectively by the right of every citizen to propose (or argue against) new laws (isegoria), and equal voting rights over their implementation (isonomia). In the fourth century the latter (disposal) function was entrusted to large, randomly-selected juries (nomothetai) that could be viewed as descriptively-representative microcosms of the citizen body. Isegoria rights were restricted to the five citizens elected by the assembly.
Most current models for ‘citizens’ assemblies’, although claiming Athenian provenance, more closely resemble modern parliaments in that the proposal and disposal functions are conflated, the only difference being that citizens’ assemblies are not constituted by preference election. This paper argues that such models result from a conceptual confusion, have no historical precedent and are vulnerable to corruption and domination by the very hegemonic forces that they seek to counter. The paper argues that, whilst the democratic argument for legislative decision-making (disposal) by a large ad hoc representative jury is persuasive, sortition can have no role to play in the proposal function and such sortition-based bodies can only be part of a mixed constitution in which political parties (albeit of a radically different form to their current incarnation) are required in order to implement ‘representative isegoria’.
And the paper itself: