"Can Direct Democracy Be Made Deliberative?" by Ethan J. Leib
 

Document Type

Article

Publication Title

Buffalo Law Review

Volume

54

Publication Date

2006

Keywords

direct democracy, deliberative democracy, initiative, referendum, elections

Abstract

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.

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