TY - JOUR
T1 - Democratic Deliberation in the Wild
T2 - The McGill Online Design Studio and the RegulationRoom Project
AU - Farina, Cynthia R.
AU - Kong, Hoi L.
AU - Blake, Cheryl
AU - Newhart, Mary
AU - Luka, Nik
PY - 2014
Y1 - 2014
N2 - Although there is no single unified conception of deliberative
democracy, the generally accepted core thesis is that democratic
legitimacy comes from authentic deliberation on the part of those
affected by a collective decision. This deliberation must occur under
conditions of equality, broadmindedness, reasonableness, and inclusion.
In exercises such as National Issue forums, citizen juries, and
consensus conferences, deliberative practitioners have shown that
careful attention to process design can enable ordinary citizens to
engage in meaningful deliberation about difficult public policy issues.
Typically, however, these are closed exercises-that is, they involve a
limited number of participants, often selected to achieve a
representative sample, who agree to take part in an extended, often
multi-stage process.
The question we begin to address here is whether the aspirations of
democratic deliberation have any relevance to conventional public
comment processes. These processes typically allow participation that is
universal (anyone who shows up can participate) and highly variable
(ranging from brief engagement and short expressions of outcome
preferences to protracted attention and lengthy brief-like
presentations). Although these characteristics preclude the kind of
control over process and participants that can be achieved in a
deliberation exercise, we argue that conscious attention to process
design can make it more likely that more participants will engage in
informed, thoughtful, civil, and inclusive discussion. We examine this
question through the lens of two action-based research projects: the
McGill Online Design Studio (MODS), which facilitates public
participation in Canadian urban planning, and RegulationRoom, which
supports public comment in U.S. federal rulemaking.
AB - Although there is no single unified conception of deliberative
democracy, the generally accepted core thesis is that democratic
legitimacy comes from authentic deliberation on the part of those
affected by a collective decision. This deliberation must occur under
conditions of equality, broadmindedness, reasonableness, and inclusion.
In exercises such as National Issue forums, citizen juries, and
consensus conferences, deliberative practitioners have shown that
careful attention to process design can enable ordinary citizens to
engage in meaningful deliberation about difficult public policy issues.
Typically, however, these are closed exercises-that is, they involve a
limited number of participants, often selected to achieve a
representative sample, who agree to take part in an extended, often
multi-stage process.
The question we begin to address here is whether the aspirations of
democratic deliberation have any relevance to conventional public
comment processes. These processes typically allow participation that is
universal (anyone who shows up can participate) and highly variable
(ranging from brief engagement and short expressions of outcome
preferences to protracted attention and lengthy brief-like
presentations). Although these characteristics preclude the kind of
control over process and participants that can be achieved in a
deliberation exercise, we argue that conscious attention to process
design can make it more likely that more participants will engage in
informed, thoughtful, civil, and inclusive discussion. We examine this
question through the lens of two action-based research projects: the
McGill Online Design Studio (MODS), which facilitates public
participation in Canadian urban planning, and RegulationRoom, which
supports public comment in U.S. federal rulemaking.
KW - Administrative law
KW - Legal information
KW - technology
KW - political theory
M3 - Article
VL - 41
SP - 1527
EP - 1580
JO - Fordham Urban Law Journal
JF - Fordham Urban Law Journal
M1 - 3
ER -