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Peter Emerson,
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Towards A New Consensus Constitution

“Asking yes-or-no questions is very unAfrican.” 1

Introduction

When our forebears decided to reject violence and become democratic, they did not base that decision on a punch-up. Instead they voted; it was as if they had already decided to be democratic in order to become democratic.

In similar fashion, if ever we decide to adopt a consensual constitution, we shall do so in a context where consensual decision-making is already broadly accepted. This change should not be too difficult because some form of consensual decision-making seems to be instinctive to our species. It was found in the city states of ancient Greece , in the pow-wows of the American Indians and in the councils of elders in Africa . How, then, can a consensual decision-making process be adapted to work in societies with populations measured in millions?

Majoritarianism

It must first be appreciated how profoundly undemocratic is the simple “take-it-or-leave-it” ballot. In many instances, majority votes do not identify the will of the people or the will of parliament, but simply endorse the will of the person who writes the question. In 1800, for example, Napoleon suggested he should be Consul, and 99% said oui; and in the 1930s, Mussolini and Hitler followed his fine example, the Italians and the Germans both voting by 98% for dictatorships.

To-day, the EU is to have a new constitution. Giscard d’Estaing writes the proposals, and only a few others like Peter Hain have an actual say. Later on, some European citizens will have a referendum to approve or veto his proposals, and the rest of us will watch as our elected representatives debate the issue in parliament where again the MPs can do little more than approve or veto.

In a word, the majority vote is at best inaccurate and inadequate; at worst, it is easily manipulated and the outcome is totally predictable.

Consensus Decision Making

A more democratic method would allow the people, or at least parliament, not just to approve but to decide. So how do we identify the will of the people or its theoretical equivalent, the will of parliament?

In smaller groups, as in Africa , people talk and talk until they reach a verbal consensus. With today’s larger numbers, it is easier to aim for a votal consensus. In theory, if every voter states his/her first and subsequent preferences, i.e. if all state their individual compromise options, it is then possible to identify the best collective compromise. In practice, this common consensus is the option with the highest average preference; and an average, by definition, involves every voter.

To achieve this, the chosen voting procedure must be multi-optional and preferential, and it must take all preferences cast into account. This ensures that the outcome is either the unanimous viewpoint (if such exists), or the collective wisdom (after much debate, perhaps) or, at the absolute minimum, the best possible compromise.

In a constitutional context, there should first be a wide-ranging discussion - an independent commission or some such - in which everyone would be able to make their suggestions (provided they complied with certain norms such as the UN Charter of Human Rights). The commission could then draw up a short list of options on each of the topics in dispute, to be presented to the people in a few multi-option polls. As far as the new European constitution is concerned, this should be done in an EU-wide vote; the outcome would be the will of the people; and the executive, the European parliament, would then execute (and hence the name, of course), that will.

The people could thus choose their electoral system, for example, by voting on a short list of five options, as was the case in New Zealand . Under another clause, people could decide how parliament should choose its executive. It could either elect the government (by a form of PR or by using a set formula based on party strengths, as in Switzerland ); or various parties could choose a majority coalition (as in the Netherlands ), or just one person from the biggest party could select the government (as in Britain ). Next could come a very interesting question: how should parliament resolve any non-urgent disputes? Should there be whipped or free majority voting, weighted majority voting or multi-option voting? Furthermore, if it is to be multi-option voting, should it be plurality voting, serial voting, the alternative vote, a Borda count or a Condorcet count?

In this way, the vote, and thus the debate which precedes it, could become an educational process in itself. At the very least, a multi-option process is more difficult to manipulate. Secondly, the voter has more choice. Thirdly, a Borda count is a more accurate measure of collective opinion. Finally, ipso facto, the outcome is far more likely to represent, literally, the will of the people, the average of all of them. And that will be more democratic.

1. Dr. Ephraim Kanyarukiga, speaking at a conference in Kigali on the ‘gacacas’, the traditional consensus form of decision-making now being used throughout Rwanda in a bid to overcome the legacy of the genocide.

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Online Consensus

OurKingdom, the new economics foundation and the de Borda Institute recently gave interested parties from think tanks, research groups and campaigning organisations, and members of the general public, the opportunity to participate in an online trial of consensus decision making.

You can sign see the whole debate

The de Borda Institute and nef (the new economics foundation) have received a grant from the Joseph Rowntree Charitable Trust to test the potential of consensus voting More...

Site information now available in a number of langugages

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