Three Fallacies Undermining Participatory Constitution Making

Three Fallacies Undermining Participatory Constitution Making

By Yanina Welp, Albert Hirschman Democracy Centre, Geneva Graduate Institute

In recent years, many emerging actors (e.g., new social movements and parties) associate democratic problems with representative institutions. Accordingly, as a solution, they propose to introduce direct citizen participation in constitution and law making. However, three fallacies undermine the potential benefits of citizen participation: (1) attributing a moral and/or epistemic superiority to “the people”; (2) assuming that superiority, expecting to replace representation with direct participation; and (3) supposing that the legitimacy deficit will be resolved automatically by introducing inclusive direct participation. This article argues against these three ideas by providing a framework to understand participatory constitution making and briefly examining the cases of Chile and Iceland.