Legitimacy Problems in Deliberative Democracy

Abstract

The classic accounts of deliberative democracy are also accounts of legitimacy: ‘that outcomes are legitimate to the extent they receive reflective assent through participation in authentic deliberation by all those subject to the decision in question’ ( Dryzek, 2001, p. 651 ). And yet, in complex societies deliberative participation by all those affected by collective decision-making is extremely implausible. There are also legitimacy problems with the demanding procedural requirements which deliberation imposes on participants. Given these problems, deliberative democracy seems unable to deliver legitimate outcomes as it defines them. Focusing on the problem of scale, this paper offers a tentative solution using representation, a concept which is itself problematic. Along the way, the paper highlights issues with the legitimate role of experts, the different legitimate uses of statistical and electoral representation, and differences between the research and democratic imperatives driving current attempts to put deliberative principles into practice, illustrated with a case from a Leicester health policy debate. While much work remains to be done on exactly how the principles arrived at might be transformed into working institutions, they do offer a means of criticising existing deliberative practice.

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“…The deliberative democratic ideal is impossible to fulfil in its purest sense (Benhabib 1996;Goodin 2000;Parkinson 2003). In an ideal situation legitimacy comes from "the free and unconstrained deliberation of all about matters of common concern" (Benhabib 1996).…”

“…John Parkinson (2003) has suggested that the group of citizens in a deliberative democratic setting should be less than 20 persons, otherwise deliberative conversation and reason will be replaced by speech-making and rhetorical appeals. A possible solution to the problem of scale, perhaps better described as the problem of deliberative economy, is also a recruiting procedure to select representative participants by lot.…”

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“…Esto implica que la representación no debe ser pensada al modo del fideicomiso, pues el ciudadano no se desentiende de la labor que realiza el representante ni éste deja de rendir cuentas en el período transcurrido entre las elecciones, debido a la deliberación continuada entre ciudadanos y representantes. 39 …”

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“…Not everyone agrees that deliberation alone can deliver sound policy (Sanders, 1997;Dryzek 2000;Parkinson 2003). Nonetheless, most admit the need for views that are the product of deliberation rather than statements of opinion, for policy has to be justified upon a stronger basis than its simply being what most people want.…”