This was presented at mySociety's TICTeC 2020 conference, which was held virtually on 24th and 25th March 2020. More details on the conference can be found here: https://tictec.mysociety.org/2020

1. Citizen Participation andTechnology in
Constitution-Making
Felix-Anselm van Lier

2. Why Participation in
Constitution-Making?
Theory
“We the People” requires participation
Substance
More participation means better texts
Social
Participation supports community-formation

3. Participation in
Constitution Making
Drafting
Ratifying
Convening/Idea-
Generation
Election
Referendum

4. Recent Innovations in
Constitution Making
Deliberative Fora
- Small-scale, `lottocratic’ legitimacy
- ‘Meaningful deliberation’, reasonable, well-
informed opinions
Digital Participation
- Cheaper and more flexible
- Unprecedented reach
- Manageability of content
- Potentially drafting to public

5. Iceland
Drafting
Ratifying
Convening/Idea-
Generation
National Gathering
950 participants
Open Drafting Process
2010 – 2013; Population: 360,000
Referendum
50 % voter participation
12 drafts
3,600 comments
311 proposals

6. Ireland
Drafting
Ratifying
Convening/Idea-
Generation
Constitutional Convention
100 participants
Broadening Participation
2012 – 2014; Population: 6,000,000
3 Referenda
2 Accepted
1 Rejected
9 open fora
15,000 online petitions
Parliamentary Debates

7. Mexico City
Drafting
Ratifying
Convening/Idea-
Generation
Survey
26,000 participants
2016 - 2017; Population: 20,000,000
Online Petitions
341 proposals
> 400,000 unique followers
Supporters Total: 427,815
Unique supporters: 274,644

8. Chile
Drafting
Ratifying
Convening/Idea-
Generation
Survey
2015 – 2018; Population: 18,500,000
Municipal Assemblies
Regional Assemblies
=218,000 participants
Self-convened Assemblies

9. Chile 2015 – 2018; Population: 18,500,000

10. Chile 2015 – 2018; Population: 18,500,000

11. Chile 2015 – 2018; Population: 18,500,000
Equality (Local Self-Convened Assemblies)
This concept is described primarily as a fundamental right
that is associated with questions of equality. It is also
recognized as a value and as a principle. It is sometimes
described as a social, human or citizen right.
It is valued for the possibility it offers to be able, to be or to
have the right to equality, and to live in a society with equal
opportunities.
The citizens underline the need for equality and for equality
rights. They also suggest to secure equal access to justice
for everyone and equal opportunities.
Factual statement
Value statement
Policy Recommendation

12. Comparison
Iceland Ireland Mexico City Chile

13. Observations
Participation matters!?
Quantity matters, and quality too
Participation does not matter all the time
Elites matter
Context always matters

14. Thank you
Felix-Anselm van Lier
Max Planck Institute for Social Anthropology
Department “Law and Anthropology”
vanlier@eth.mpg.de