Buffalo Law Review
Every election cycle a great number of citizens take to the polls to vote on public policy matters directly. Direct democracy has problems. And an account of deliberative democracy—far from being a source to critique direct democracy—might provide a solution. I have three goals here. First, I hope to identify some problems with the mechanisms of direct democracy that most states and many cities throughout the country employ: the initiative and the referendum. Next, I will offer a potential solution to these institutional problems using aspects of the theory of deliberative democracy, a theory often marshaled to undermine direct democracy. Finally, I will spell out why this design project should be of especial interest to lawyers.
Ethan J. Leib,
Can Direct Democracy Be Made Deliberative?, 54 Buff. L. Rev. 903 (2006-2007)
Available at: http://ir.lawnet.fordham.edu/faculty_scholarship/80