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4. Diversity and differences

" Once people accept the possibility of demarchy they rapidly find themselves coming up with an abundance of suggestions about how it might work in practice. It is one of its great strengths that it makes experimentation in thought and practice infinitely easier than in state-governed societies. It thrives on diversity. ≪ (Burnheim 1985, 18)

Even though the vast majority of authors agrees with the analyzes and previous expectations, we note that there is - as the note Burnheim - an impressive diversity in the proposals, which range from schemes and modest nature of reformist, calls to the most radical, of thy quasi-revolutionary. Such a profusion is at first sight destabilizing but can be understood as a reflection of differences at a level more abstract concerning the concepts of representation (4.1 ), of jurisdiction (4.2 ) and democracy (4.3 ).

4.1Representation and deliberation

4.1 .1The scope of representation by the draw

The most fundamental difference that seems to exist within the corpus of authors concerned the scope of representation by draw. For a part of them, the fact of draw lots to an assembly is a necessary and sufficient condition for its representativeness of both the formal and substantial. It is therefore not necessary to structure its organization and its work or even to put in place complementary processes of control. Such is for example the proposal of Callenbach & Phillips (1985, 28), " representative House members do not have to be forced by external circumstances to director-generalor constituents because, by the very statistics of their selection, they inevitably do director-generalor their segment of the populace. ≪130 The draw transfigured the principle of liberal representation, the defeats and the sorpresentants are also representatives when they are absent because it means that a part of the population is not interested in a subject. Conversely, a whole part of the authors consider that the representation by drawing has a much more limited scope. It certainly allows

130They continue: " This is a difficulty and critical point, one that goes to the heart of the difference between the election and sortition principles. It is precisely because elected representative are likely to be so different from their geographical constituents that a traditional representative system of government requires electoral checks and controls upon the representative. Purpose if, through sortition, tea statistically representative aer has "transcript" terms equivalent to the people themselves, then this problem vanishes. ≪

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To obtain a more representative sample of the population, but is not a sufficient condition to ensure that the representatives act as such. It is for them to complement and reinforce the draw by the employment of other institutional arrangements.

4.1 .2place of the deliberation

The most striking feature of these arrangements is without a doubt the deliberation. For a part of the authors, the deliberation is absolutely necessary at any employment of the prize draw. Unlike the previous logic that puts the emphasis on rational choice and the question of the power of the individuals when aggregative process, the proponents of the deliberation shall bring to the center group processes. The authors for which the deliberation plays a secondary role generally consider that the role of the house pulled to the fate is not to engage in a process of discussion but well to confront so aggregate patterns the positions in the presence. It is as well that he must understand for example the description of Callenbach & Phillips (1985, 18) on the policy that would probably a Citizen Legislature: the latter would be for the death penalty, for legal abortion but also has 40% against marriages inter-racial. It should not necessarily be a change of position from the discussion in such an assembly, in order to " really " represent the people. In contrast, all a part of the authors, in reality, the majority, emphasized the paramount importance of securing the conditions for good deliberation within the body drawn. The representatives the most emblematic of this perception are the authors who have put into practice their ideas, for example Crosby, Dienel or Fishkin. As stated in the last (1995, 167), " institutions that speaks for the people need to be both representative and deliberative. ≪ In reality, we can go further. The authors who design the representation before just as a question of representativeness are inclined to minimize the role of deliberation and those who on the other hand seek has put forward proposals to improve the decision-making process are more interested by the combination of the draw with the deliberation. Whereas in the first case the draw triggers the proposal, he played in the second an instrumental role, it is proposed as a method of recruitment before it because it is convenient and it allows you to create the basic conditions for a democratic deliberation of quality. In particular, it enables to tend toward the inclusion of citizens who normally are absent from the policy and of the participation and help stem the bias for a debate without rules in which the citizens the least educated and broken has the exercise of the deliberation 163

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Tend to be domines131. The absence of certain categories of people drawn at random is for them a sign of failure and not a sign that the drawing allows you to also represent those who do not want to take part in the policy. The proponents of deliberation often consider that if some people do not want to take part in the policy it is because they do not have the resources and not because they are not interested. Another difference is in the implementation in the question of the deliberation: the authors who are betting on it are more skeptical about the procedures of aggregations of preferences and are more inclined to argue that the formulation of a solution to a problem can only come from the deliberation132.

4.1 .3Tea people in thumbnail or a  cross section

These differences in the scope of representation and in the place has grant has the deliberation have consequences on the proposed procedure. More than the formal representation is seen as sufficient, more authors are inclined to take as a model a large assembly and a hardware operation of draw binding, including a pool wide has mandatory participation, a draw pure (without quotas or weighting) and formalized, with few opportunities for refusal in order to achieve a mirror representation: the people in miniature. On the contrary, the authors who defend a design of the representation in which the act and the deliberation are major components, are more pushed to introduce small groups of citizens, a pool of volunteers comprising conditions of entry, a weighted draw or even with quotas and of possibilities of refusal and rejection: a cross section of the population133. The first case is for example defended by Callenbach & Phillips (1985) or Aguileo Cancio (2010), the second by Fishkin (1991) or Dahl (1970).

131See Martin (1995, 32-34). Schematically, the proponents of the deliberation is moving toward Habermas and those of the aggregation toward Surowiecki and his theory of the Wisdom of Crowds. See O'Leary (2006, 153 et seq. ) or Sutherland (2008, 73-84).

132In this lineage is found also for the authors who put the deliberation at the center of their criticism of the liberal policy and make it a condition of democratic politics: " In considering recent liberal theory and the idea of democracy as the politics of interest, one type it easy enough to see how talk might be generai with speech and speech reduced to the articulation of interest by appropriate signs. ... Liberal Tea reduction of talk to speech has unfortunately inspired political institutions that foster the articulation of interests purpose that slight tea difficulty art of listening. ≪ Barber (1984, 174).

133We also find in these models the reference to judicial panels. On the people in thumbnail see Callenbach &Phillips (1985), on the cross section, see Amar (1984, 1288). 164

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4.2The citizen competence in debate

4.2 .1of citizens more or less competent

" I would not want to travel on an airline that neutralise passengers the right to participate equally (by batch? By majority vote?) with crew and pilot in the operation of their flat. ≪ (Dahl 1970, 30).

If the authors of the corpus are unanimously agree that the classical concept of general competence and objective is a mistake, they do not defend all the idea that citizens are able to decide everything, on everything, all the time. Schematically we could identify three trends. The first group includes the authors the most enthusiastic for which the jurisdiction policy is really the thing the better shared in the world. In this perspective there is no need to put in place special processes to enable all citizens to participate, the latter will do to them-even by own interest. The body learned the fate will then have all the powers interchangeably and be elected for periods of time comparable to those of current assemblies. The authors of this group are also more inclined to interpret the jurisdiction as a matter of general direction. The representatives could just provide broad indications of their preferences which should then be translated into acts by the administration134.

The second trend consists of authors more skeptics who consider that the political competence is - from a theoretical point of view - also distributed between all but that a series of factors (socio-economic, political, linguistic, etc) prevents its practical realization. We must therefore think the draw taking these factors into account, ensure proactively has what all social groups participate in and put in place the tools to ensure the conditions for a good debate. At the level of the powers to give the corps learned the fate, the authors offer sometimes a legislative function shared with an elected assembly by vote within a whole bicameral. Sometimes, they can propose a consultative power. The authors of this group are also pointed out that the jurisdiction may become a problem in the case where the elected to the fate remain too long has positions of power: with the time they would begin to lose their character of ordinary citizens to become professionals has

134See for example O'Leary (2006, 206). 165

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Their tower. In addition they consider that the representatives are able to formulate specific recommendations and operating suite in the deliberative process.

A third group of authors considered finally that the political competence is not distributed equally among all the citizens with the exception of the competence to use, which cannot replace the technical competence of the experts or professional politicians, not more than that these latter may not happen to the jurisdiction a citizen of elsewhere. For this group of authors, the powers of the body learned the fate should be mainly advisory and optional (non-binders). It should also install certain conditions of entry into the pool which should be constituted of volunteers135 or introduce the draw in the process electifs136.

4.2.2Betroffen vs unabhängig

Another important element in report with the citizen competence is the fact to be concerned by the problem under discussion. For a part of the advocates of random democracy, the citizens are competent as when something the concerne137. For others, on the contrary, the fact to be key is a barrier has the jurisdiction because of individual interests little compatible with the general interest are has same to emerge. Argument rejected by the first who argue that a draw would give the chance has everyone to participate. The controversy is not complete on this point but it seems to have an interesting consequence since the authors supporters of the thesis of the Betroffenheit are more inclined to propose tools with a voluntary participation (it is the persons concerned to be manifested) while the others are more inclined to propose a draw mandatory (it must prevent that do recreate the body developing specific interests)138.

135See Emery (1976a, 202) which proposes to create lists of " good men " or Sutherland (2008, 144) : " Consideration should be given to introducing a minimum IQ level as has candidacy status " or at least " a minimum level of educational attainment. ≪

136See for example Amar (1984, 1307) for which the lottery voting constitutes a compromise between aristocratic institutions and democratic: " Lottery voting contemplates year assembly in which legislators are typically leaders of the diverse groups in the polity. Lottery voting thus ke tea cross-sectionalism of the random jury without sacrificing tea deliberateness, stature, and wisdom of the ideal "blue-ribbon" jury. ≪

137Burnheim (1985, 16): " By contrast with existing democratic practice, demarchy does not assume that most of the population is in a position to make soundly based assessments of all the major issues of government policy or even to assess the merits of rival elites competing for votes. What it assumed is that most people, if they are faced with limited concrete questions about matters that affect them directly, are capable of gaining enough understanding of the issues to make sensitive choices about them. ≪

138See the arguments of Carson & Martin (1999, 47). As a supporter of the Betroffenheit, see Burnheim (1985, 5), as an opponent see Becker (1976a).

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4.2 .3The ambiguous role of the elective vote

While the vote is elected attack en bloc by most of the ancient authors, the most recent publications are challenging discussion the problematic in a optical more nuanced. The vote would be thus neither more nor less democratic that the drawing and it is only has the yardstick of the practical uses of these two procedures that we could judge their caractere139. In this framework, the analysis is more differentiated: the vote was able to have and still contains a democratic dimension in its procedural aspect but no longer allows to achieve the ideal of democratic representation. It is in this way that we can interpret the proposals which focus on the introduction of the drawing within the elections140.

4.3Affinities varied intellectual

The third divergence within the texts supporters of the prize draw is built around the radicality of proposals of their respective authors and se leaves apprehend in watching more closely two elements: firstly, the position of the author vis-a-vis the liberal thinking and secondly its conception of democracy, understood in its meaning of " power of the people, by the people, for the people. ≪ Schematically, we can as well classify the authors on a plan with double-axis a scale ranging from liberals to anti-liberal and in orderly of reformers to revolutionnaires141.

4.3 .1The liberals reformers

The proposals the more modest of the corpus are the fact of reformers liberals who say they do not want to challenge the existence of elected representatives and argue that they want to only supplement the whole liberal institutional:

" Our proposal for citizens to take part in year Athenian style chamber of scrutiny is not an attack on party politics. Rather it suggests a way in which members of the public can play a complementary and not a competitive role alongside elected PWO's whose democratic mandate will give them the exclusive right to propose new legislation ... We are not: that selection by a form of batch is better than elections. ≪ (Barnett & Carty 2008, 24)142

139A logic which joined the approach in terms of procedural blocks presented in the first chapter.

140 See for example the proposal by Gastil (2000) or the note of Amar (1984, 1307).

141These terms are not entirely satisfactory because waves but are used here to categories of work.

142In the same direction see Mulgan (1984, 540).

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In their proposals, the psephos can remain a central tool of representation, which is reflected by a series of proposals aimed at the introduction of the drawing within the elections, as is the case of Rehfeld who insisted on the importance of accountability through the elections143. For the most part, they emphasize the utopian character of their proposal and sometimes qualify their demonstration of exercise heuristique144. In addition, they consider - despite all their criticisms - that the liberal democracies are far from being the worst of regimes and are the most likely to reject the use of the draw for positions executifs145.

4.3 .2The liberals "revolutionary"

While remaining attached to the liberal democracy, a part of the authors goes further, however and announced a desire to see materialize their proposal. The analysis of the current political system may be less systematic and more emotional in these texts and sometimes takes the form of a pamphlet against the political class, the parties and elections. The resulting proposals are intended then, most often, to replace the existing institutions and to eliminate the vote of elected representatives. The authors of this group remain however liberals in the sense that they are more inclined to leave the citizens to submit to them-even for the drawings (voluntary pool) and that they are betting on the aggregative process rather than deliberative processes as is the case in the proposal of Callenbach & Phillips (1985)146.

4.3 .3The "anti-liberal" reformers

In a conceptual optical still more radical but with proposals which are often more moderate, we found a group of authors that extend their criticism has the whole of the Liberal philosophy. This passes through a deconstruction of additional liberal concepts of need and merit which are then analyzed in relative terms, depending on the reports of

143Rehfeld (2005, 240-241) : " And peut more importantly, because each representative is authorized by and held accountable to an exact microcosm of the whole nation, what is good for any one constituency corresponds exactly to what is good for the nation as whole. ≪

144Mueller & al. (1972, 66) : " The persevering reader may be convinced by now that we are writing a piece of science fiction rather than analysing a serious proposal to reform democratic decision making " on.

145Dahl (1970, 142) : " If polyarchy is light years away from primary democracy it is also light years away from a truly despotic regime. " ON for a more moderate, see Mulgan (1984, 550): " No one, therefore, would dispute that election is the key device of modern democracies gold seriously claim that popular control over governments would be increased by appointing a legislature by lot from among the citizens. ≪

146A lot of authors activists are also classified in this category.

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FORCE147. The proposals do not seek as well more only has improve the political system but aim a more disagreeable more profound social reports in one direction deeply egalitarian. This is the approach adopted by Barber (1984) which begins by systematically criticizing the foundations and the forms of what he named the " weak democracy " on, its design of human nature, of the policy and of the egalite148, before laying the foundations of a " participative policy for a new age " in the form of the " strong democracy " but while offering the tools rather modest and complementaires149. The authors of this group are particularly sensitive to the problem of socio-economic inequalities of competence and plead for the tools in which the deliberation acquires a central role.

4.3 .4The "anti-liberal "revolutionary

While sharing the conceptual analysis previous, the authors of this group offer to lay down with the existing institutions for batir new, in which the draw would have a central role. In most cases the models are designed either to replace the set of political institutions - States, commons, but also universities, agencies, international organizations, transnational companies, the market itself - either are not confined to the drawing of political posts but also incorporate reflections on the draw of decisions and of lots. The examples the most successful of such an approach are found among Burnheim (1985), Goodwin (1984, 1992) or even among Carson & Martin (1999).

5. Put into perspective

The authors of the corpus that we have studied throughout this chapter therefore seem well be bound by a problematic and reflections commons. It is now to put this together in a broader context, first history (5.1 ), then theoretical (5.2 ), in order to better understand the scope and limits of the theory of democracy random.

147Cf. Goodwin (1984, 194) or (2005, 78).

148Barber (1984, 78) : " Equality does not possess the normative status of liberty in the liberal psychology of man. It is merely a contingent feature of commensurability and has none of the force that community gold fraternity has in more participatory theories of democracy. Indeed aggressively, it is more men's common apartness, which is the root of liberty, than their sameness, which is the root of equality, that accelration tea liberal democratic man. The equality of thin democracy is the equality of boxer placed in common weight classes. ≪

149Barber (1984, 262) thus poses as a condition of the new institutions that they " should complement and be consistent with the primary representative institutions of large-scale modern societies. ≪

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5.1Precursors, pioneers and smugglers: a historical perspective

5.1 .1a interest really new?

The matter of the draw in politics is, as we have noticed more than once, as old as that of democracy. Should it not then consider the recent developments such as the simple continuation of an interest recurring for a question of political procedure, without specificity own? A very short detour through the history based on the results of Chapter 2, shows that the current movement is well a novelty. Two arguments are going in this direction. First, a search of the literature dating from before- war - also either depth-it - does allows you to find that a number of publications extremely reduced that are entirely devoted to the subject and containing a defense or a rejection of the procedure150. Whatever the reasons for such a state of fact, it can be reasonably concluded that it did not exist before war the quantitative bases allowing to talk about theory, movement or even more simply scientific interest. If we now look at the content of a few texts found, it must be recognized that the latter have striking similarities with the modern texts about criticism of the political system in force, the relationship between people and elite or the democratic ideal defended. However, they differ from on a series of crucial points. First of all, we do not find war before working on the notion of chance and draw what is also includes by the absence of certain mathematical knowledge. Then, the desire to build a reasoned arguments is much more limited, the proposals are made in a way ironic, or without concern for operationalization. In addition, most of the texts argue against the draw including at the time during which expands the liberal thinking and reflection on the vote electif151. There is everything from even a few exceptions to this situation. First well on during the antiquity and the Italian republics. Two times during which a beginning of speech has been born and that might be termed " prehistory " of the theory of democracy aleatoire152. We think in particular has texts such as Dil modo of eligire of Bruni153. There are also some traces of a contemporary discussion of the first disappointment vis-a-vis

150 We are talking about the texts of supporters, not of descriptive texts.

151See the texts of Montesquieu or of Rousseau as well as Dowlen (2008a).

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Of representative democracy, such as 1848 or during the 1930â s, moments at which the draw has already been proposed as a solution to the faults of democracies liberales154.

5.1 .2of the "reinvention of the wheel" on networking

" I am embarrassed to confess that at the time of writing the original proposal I was ignorant of most of the extensive literature on sortition and deliberative democracy. I'm greatly encouraged to learn that I've merely been reinventing the wheel. ≪ (Sutherland 2008, 14)

It seems therefore that the real development of normative reflections on the draw took place after the second world war. This evolution has been demonstrated in the previous chapter in quantitative terms, we will give here a few elements additional qualitative. First, if one goes back into memory the whole of the analysis on the criticism against the liberal policy and the expectations formulated in the texts, it is striking to note at what point the texts of the corpus are similar while having been produced independently of each other and without that their authors have knowledge of the parallel proposals: " We ourselves cam to the idea separately and, learning of each other's proposals, decided to collaborate. We were unaware that in the United States Ernest Callenbach & Michael Phillips had proposed A Citizen Legislature. The parallels are remarkable. ≪155 However, we note that from the beginning of 1980, the authors are beginning to be in contact with each other through their texts, and are inspired by mutuellement156. In parallel, has from the beginning of 1990, it is noted that the theorists are starting to learn the existence of practical experiences such as the Planungszellen or the Citizens' Juries, which gives a dynamic of more and more important to theoretical writings, and resets same old texts of news (Burnheim 2006, 1) :

" My concern with participatory democracy seemed a hangover,from the sixties and flares and my attempts to address Marxist concerns were further evidence of the irrele152Without

However forget to note that the advent of texts has this time seems more than normal if one takes into account the wide use that was made of the tool at this time.

153See Dowlen (2008a, 124-134).

154See the texts of a " Former Member " (1936), Laski (1933) or Leroux (1848).

155Barnett & Carty (2008, 14). See also Litvak-Poulin (2009, 4).

156Callenbach & Phillips (1985, 10) : " Benjamin Barber, a professor of political science at Rutgers, allegedly infringing in his new book Strong Democracy (University of California Press, 1984) for a variety of democracy-enhancing measures, including sortition for local government positions. ≪ See also Burnheim (2006, 5) : " Carole Pateman read a late version of the present book and offered helpful suggestions. ≪

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Vance of what I had to say. A generation later those changes seem to have run their course and many of the problems that concerned me remain unsolved. ≪

Such a development allows you to locate the real moment catalytic converter of the development of the theory of democracy random at the beginning of 1990, at the time or the crossing of the theoretical approaches and practices has enabled the emergence of a virtuous circle of inspiration theoretical and methodological improvements as well as the development of new theoretical models based on the results of practical experiments. The latter have had their turn inspired practitioners who have tapped into the political philosophy and the history of ideas of new arguments pro-draw. By the end of the 1990s, the theoretical proposals pure, i.e. without references to practical instruments tend to disappear and leave place has a reverse approach: practitioners, political scientists and even of the participants shall bring has develop theories aleatoriennes overall from the concrete instruments and extrapolate the latter has a macro-level-social157. In parallel, and as noted in the previous chapter, more and more historical studies and exploratory provide the knowledge and arguments by analyzing in detail of old practices and by reinterpreting the scope of the draw in these contexts. An example of this work is the book of Hansen on the Athenian democracy which will everything has done in the direction of the proponents of democracy random, particularly as regards their analysis of the competence158.

This sustained development of the literature, these exchanges and these experiences have precipitated the solution has such a point that one can speak of the emergence of a theory of democracy with random - was in believing one of its protagonists - of an agenda: " Die Demokratietheorie aleatorische ist ein normative Projekt mit dem Ziel, die Rationalitatspotentiale of Zufallsprinzips as modern Demokratien nutzbar zu machen. ≪ (Buchstein 2009a, 343). The assumption made at the beginning of the second chapter is therefore qualitatively confirmed.

157See for example Herath (2007) who, after having attended a citizens assembly in Ontario has published a book on the subject. See also Litvak-Poulin who after having worked within a team on a project of participatory democracy in Australia has published in 2009 his book Citizens' Democracy.

158 (Hansen 1991, 236): " How absurd it is, says Sokrates, tb pick the magistrates by lot when you would not pick a helmsman, or whatever, in that way. [Sokrates' fallacy] resides in the unstated premise that the magistrates have the same power to steer the ship of state as a helmsman has to steer his ship. Purpose the Athenians thing their magistrates by lot precisely to ensure that they should not be steersmen of the state: one of the purposes of the batch was to diminish the powers of the magistrates. The batch was based on the idea not that all men were equally expert, goal that all men were expert enough at what they were chosen for, and that by the use of the batch magistracies would cease to be attractive as weapons in the struggle for power. ≪ 172

5. Put into perspective

5.2Various approaches: a highlighted theoretical

5.2.1 Frames varied anything economically exploitable

If one is interested in the common foundations and the differences between authors and put into relationship with the analyzes carried out in the first chapter, one realizes that the proposals seem to be closer to three frames argumentatives159. A first series of instruments highlights the central role of the draw in the fight against the factions in the form of political parties and presses on the character of impartiality, externalities, of neutrality and unpredictability of the draw and in the prudence vis-a-vis the jurisdiction of citoyens160. These proposals are based logically on the prints quite strongly framed with quotas and conditions of entry. The reference model is the judicial jury. One senses the republican frame that we find among the authors of the corpus close to the sensitivity " liberal reformist ≪ highlighted previously.

In contrast to this caution some schemes based on the centrality of equality procedural and substantive and put forward the necessity to employ on a mass scale the drawing in order to combat the trends or even aristocratic oligarchic liberal companies. They insist less on the need for deliberation, and font more call has the idea of rotation and inclusion. The favorite example of these authors is the classical Athens ; the trackball  and the dicastes represent their key references. The drawings proposed are based on a pool wide and binding, the drawing is rather formalized, participation tends to be mandatory. Overall, therefore these authors use arguments protirages which strongly resemble has a democratic frame. There are more or less the group of proposals previously identified as revolutionary, has both liberal and anti-liberal.

Finally, between the two previous positions, there is a series of proposals in which the drawing is a necessary but not sufficient condition in the search and the establishment of more democratic institutions. The justifications are mainly the procedural equality, the representativeness (constitution of a representative sample), the impartiality and the inclusion. The draw is think in combination with the deliberation that is-a-say that the upgrade

159The other frames anything economically exploitable are mostly absent. A few exceptions are the rationality of second order in proposals such as the lottery voting ( Amar 1984).

160 Cf. for example the test of QI proposed by Sutherland (2008). 173

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The conditions are in place for a good debate are a sine qua non . That is why some proposals advocate for a draw with quotas or weighted and surround the instruments of thousand procedural refinements supposed to ensure that the drawing will give really the opportunity for representatives to act as such. It is here the frame aleatorienne who appears in the form of the equation " draw + deliberation = democracy ". There are more or less than the group of " anti-liberal reformers " on previously identified which propose the introduction of new institutions in addition to the current.

5.2 .2a great diversity of tools

The differences between frames that we have just been considering, coupled with the other differences lead to a great diversity of tools proposed which can be ordered by using five criteria: the frame was debate which serves as a basis has the proposal, the notice of the author on the scope of representation by drawing, his judgment on the deliberation, on the competence of citizens and the proposed powers for the body drawn by lot. It is then in a position to differentiate five major groups of tools which are neither exclusive nor often sufficient. In fact, most of the authors combine in their texts two or three types of tools.

5.2.2 .1The election tools

Based on an argument rather republican and liberal, a series of proposals are designed to introduce the draw in the electoral process in order to make it more balanced and representative. The deliberation is not playing - except - a central role, participation is rather optional, the parties maintain a place in the whole process. We found as a prototype the lottery voting of Amar (1984) but also the Wahlen Anno 2000 from Horn or the instrument advance by Gastil (2000). The election tools may also be based on a frame more utilitarian, for example the proposal of Abrams & Settle (1976)161.

5.2.2 .2The tribunats

Based on the same republican frame but with a optical more radical, some proposals take up the idea that florentine it is central that the elites elected should be subject to popular control. It is therefore to create a body pulled to the fate which can make against-

161Cf. chapter 2, 4.3.2 , p. 110.

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Weight to the liberal elites. The proposal the more mature in this sense is that of McKormick, the Tribunate Assembly which incorporates the idea of Machiavel162. Other projects in this direction were presented by Raskin (1974) or Sutherland (2008). The sorpresentants in these models have the more often a right of veto, or of investigation and inquiry as well as sometimes the possibility to submit proposals a referendum.

5.2.2 .3The mini-public

The authors proposing this type of tool are based on the frame was debate aleatorienne. They give a major importance has the deliberation and work in small groups, consider that the citizens have an inherent jurisdiction, capable to grow and spread. But they cannot and must not replace the experts. The participation is seen as voluntary, but should be able to reach all the citizens by the introduction of corrective measures (remuneration, vacation policies, etc. )163. The powers entrusted to the body are advisory rather on a given issue in advance, but can be both forward-looking statements that control and evaluation. The prototype of these tools is the mini-public and covers a wide range of existing tools that we will study in detail in the next chapter, such as the Planungszellen or the Citizens' Juries. Found in this category the models of Emery (1976b), Fishkin (1991) or O'Leary (2006).

5.2.2 .4The legislatures citizens

With a strong likeness but a frame of substance more democratic, we found the prototype of the legislatures citizens, derived from the expression Citizens Legislature of Callenbach & Phillips (1985). Such assemblies are thoughts rather many since the basis of their legitimacy is the representation-figuration of type people in miniature. They have in theory the broad authority, often legislative and the devices designed the establishment of conditions of good debate there are not central. The citizens are seen as competent in extensive areas. The citizens' assemblies are sometimes thoughts as a replacement of the current institutions, sometimes as an additional assembly. Found in this category the proposals of Becker (1976b), of Callenbach & Phillips (1985), of Aguileo Cancio (2010) or even of Cannac (1983). A more moderate version of legislatures citizens has

162For the details, see Mc Kormick (2006).

163On the payment see Barber (1984, 293).

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Summer presented by authors arguing along a frame aleatorienne (Schmitter & al. 2004 For example). The house is in this case with legislative powers but its institutional functioning is think taking into account the problematic of deliberation.

5.2.2 .5The tools what lobbying would have ever prompted

Finally, based on a democratic frame radical and revolutionary, a last group of authors propose to replace the whole of the institutions for erecting a new system, often appointed demarchie in reference has the book pioneer of Burnheim (1985). These authors consider the representatives learned the fate as competent in all the areas and therefore offer their entrust all the powers. The deliberation or the mandatory participation are sometimes posed as pre-requisite, sometimes totally rejected. The authors of these models are less applied a set of concrete instruments and think in terms macro-social. Is found here Goodwin (1992) or Martin (1995).

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6. Conclusions

6. Conclusions

The discursive study thus confirmed the idea that it emerges from a quarantine of years a set of text sharing a platform common theoretical that may be described as a theory of democracy and random which has to heart the idea that the drawing in the form of the sortition could provide a solution to the political challenges of our time. It was noted however that the authors who defend this opinion, if they are largely in agreement on the effects that would have the use of the draw in politics, diverge in contrast on the analysis that they are political regimes liberal-representative as well as on the precise reasons that impel them to recommend the introduction of the draw.

We were able to identify three major trends. A portion of the authors declared its commitment to liberal principles and adopted a reformist approach; these authors recommend the tools to complement of representative democracies based on a frame was debate rather republican. Following the same reformist approach, but based on a deconstruction much more radical representative regimes and in particular the notion of competence, a series of authors propose tools more ambitious based on a frame was debate aleatorienne. Finally, in a groundbreaking optical, Liberal or not, a last series of authors argued for the introduction of replacement tools of the current institutions in mobilizing a frame was debate democratic type.

This theoretical study discursive has however left out a fundamental question that is posed by the proponents of the theory of democracy random: how to ensure that the drawing is truly employed in policy? In the words of Burnheim (1985, 160) : " How are we to get the new procedure has decent trial? ( ... ) Where, then, can we make a start in this process of undermining existing power structures without confronting them? " On the question is therefore the following: that applies the theory of the draw in politics when it is put to the test bench of the practice? It is has to provide elements for a response that is spent the second part of the thesis.

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