Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t8hqh Total loading time: 0 Render date: 2024-12-07T05:42:05.351Z Has data issue: false hasContentIssue false

3 - What is a good constitution? Assessing the constitutional proposal in the Icelandic experiment

from PART I - DEFINING CONSTITUTIONAL PERFORMANCE

Published online by Cambridge University Press:  05 August 2016

Hélène Landemore
Affiliation:
Yale University
Tom Ginsburg
Affiliation:
University of Chicago
Aziz Huq
Affiliation:
University of Chicago
Get access

Summary

Between 2010 and 2013 Iceland engaged in an unprecedented experiment in peacetime constitutional redrafting. The process included innovative participatory methods, including a National Forum, an elected Constitutional Assembly of non-professional politicians, and the well-known use of online crowdsourcing for twelve successive drafts of the constitutional proposal (which earned the latter its international, and perhaps overhyped, reputation as the “crowdsourced constitution”). Begun in the aftermath of a cataclysmic banking and financial crisis, which was estimated to have destroyed assets equivalent at the time to seven times the country's annual GDP, and spurred on by the new political personnel that came to power after the “Pots-and-Pans” revolution of 2008, the constitutional process ultimately led to a proposal that was approved by a two-third majority of the voters in the fall of 2012. After further amendments by legal experts, the proposal was offered to the Althingi (the Icelandic Parliament) as a bill to be discussed and voted on in the spring of 2013. To many commentators’ surprise, however, the bill was shelved at the eleventh hour for reasons that seem more political than substantive (Gylfason 2013b). The crowdsourced constitutional proposal is now considered dead by its opponents and “on ice” by its advocates (2014). It is unclear at this point whether it still stands a chance to be adopted as such in the near future.

The question that interests us here, however, is whether the crowdsourced proposal meant to replace the 1944 constitution was a good constitution – not merely in the sense of having been produced by the right kind of process but in a thicker, more substantive sense, which is entirely independent of the process that led to it. Previous work on the Icelandic experiment has focused on procedural aspects of the constitutional process. For example, in past work I argued that the Icelandic constitutional process aimed to be inclusive of the full diversity of the Icelandic people's views and to the extent that it succeeded, could be expected to have produced a substantively sound constitution, that is, a constitution tracking relevant facts and values of the Icelandic people in the twenty-first century and channeling its collective wisdom (Landemore 2015).

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2016

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Árnason, Ágúst ThóR. 2011. “A Review of the Icelandic Constitution – Popular Sovereignty or Political Confusion.” Tidjschrift voor Constitutioneel Recht 3: 342–351.Google Scholar
Bergsson, Baldvin Thor, and Blokker, Paul. Forthcoming. “The Constitutional Experiment in Iceland.” In Bos, E. and Pocza, K. (eds), Verfassunggebun in konsolidierten Demokratien: Neubeginn oder Verfall eines Systems? Nomos Verlag: 154–174.
Burton, Michael, Gunther, Richard, and Higley, John. 1992. “Introduction: Elite Transformations and Democratic Regimes.” In Gunther, Richard and Higley, John (eds), Elites and Democratic Consolidation in Latin America and Southern Europe. New York: Cambridge University Press.
Carey, John M. 2009. “Does It Matter How a Constitution Is Created?” In Barany, Z. and Moser, R. G. (eds), Is Democracy Exportable? New York: Cambridge University.
Dryzek, John. 2009. “Democratization as Deliberative Capacity Building.” Comparative Political Studies 42 (11): 1379–1402.Google Scholar
Eistenstadt, Todd. A., LeVan, A. Carl, and Maboudi, Tofigh. Forthcoming. “When Talk Trumps Text: The Democratizing Effects of Deliberation during Constitution-Making, 1974–2011.” American Political Science Review 109 (3).
Elkins, Zachary, Ginsburg, Tom, and Melton, James. 2009. The Endurance of Constitutions. Cambridge: Cambridge University Press.
Elkins, Zachary, Ginsburg, Tom, and Melton, James. 2012. “A Review of Iceland's Draft Constitution.” Available at http://comparativeconstitutionsproject.org/wp-content/uploads/CCP-Iceland-Report.pdf.
Ginsburg, Tom and Elkins, Zachary. 2014. “Stjórnarskrárgerð á tímum gagnsæis: Ísland í samanburði (Drafting Constitutions in an Era of Transparency: Iceland in Comparative Perspective).” In Ólafsson, J. (ed.), Experiments in Democracy – Iceland in Crisis and Recovery. Reykjavík: University of Iceland Press & Bifröst University: REF.
Ginsburg, Tom and Melton, James. 2015. “Does the Constitutional Amendment Rule Matter at All? Amendment Cultures and the Challenges of Measuring Amendment Difficulty.” International Journal of Constitutional Law 13(3): 686–713.Google Scholar
Gylfason, Thorvaldur. 2013a. “Democracy on Ice: A Post-Mortem of the Icelandic Constitution.” Open Democracy, June 19. Available at www.opendemocracy.net/can-europe-make-it/thorvaldur-gylfason/democracy-on-ice-post-mortem-of-icelandic-constitution.
Gylfason, Thorvaldur. 2013b. “Putsch: Iceland's Crowdsourced Constitution Killed by Parliament.” Blogpost, March 30. Available at www.verfassungsblog.de/de/putschicelands-crowd-sourced-constitution-killed-by-parliament/.
Gylfason, Thorvaldur. 2014. “Constitution on Ice.” Available at https://notendur.hi.is/gylfason/Constitution%20on%20Ice%207.pdf.
Habermas, Jürgen. 1996. Between Facts and Norms. Cambridge, MA: MIT Press.
Jacobsohn, Gary Jeffrey. 2006. “An Unconstitutional Constitutional Amendment? A Comparative Perspective.” International Journal of Constitutional Law 4 (3): 460–487. doi:10.1093/icon/mol016Google Scholar
Jóhannesson, Guðni T. H. 2011. “Tjaldað til einnar nætur: Uppruni bráðabirgðarstjórnarskrárinnar (Preparing for the Short-Term: The Origin of the Interim Constitution).” Icelandic Review of Politics and Administration 7 (1): 61–72.Google Scholar
Landemore, Hélène. 2013. Democratic Reason: Politics, Collective Intelligence, and the Rule of the Many. Princeton: Princeton University Press.
Landemore, Hélène. 2015. “Inclusive Constitution-Making: The Icelandic Experiment.” Journal of Political Philosophy 23 (3): 166–191.Google Scholar
Levinson, Sanford. 2005. “Imposed Constitutionalism: Some Reflections.” Connecticut Law Review 37: 921–932.Google Scholar
Madison, James, Hamilton, Alexander, and Jay, John. [1788] 1961. The Federalist Papers. New York: Mentors.
Melton, James, Elkins, Zachary, Ginsburg, Tom, and Leetaru, Kalev. 2013. “On the Interpretability of Law: Lessons from the Decoding of National Constitutions.” British Journal of Political Science 43 (2): 399–423.Google Scholar
Przeworski, Adam. 1991. Democracy and the Market. Cambridge: Cambridge University
Rasch, Bjørn Erik and Congleton, Robert D.. 2006. “Amendment Procedures and Constitutional Stability.” In Congleton, R. D. and Swedenborg, B. (eds), Democratic Constitutional Design and Public Policy. Cambridge, MA: MIT Press.
Riker, William. 1982. Liberalism against Populism. Prospect Heights, IL: Waveland Press.
Sen, Amartya. 2009. The Idea of Justice. Cambridge: Belknap Press.
Sunstein, Cass R. 1995. “Incompletely Theorized Agreement.” Harvard Law Review 108: 1733–1772.Google Scholar
Torfason, Hjörtur 2009. Influential Constitutional Justice: Some Icelandic Perspectives, World Conference on Constitutional Justice, Cape Town, January 23–24, 2009.
Tsebelis, George. 1995. “Decision-Making in Political Systems: Veto Players in Presidentialism, Parliamentarism, Multicameralism and Multipartyism.” British Journal of Political Science 25: 289–325.Google Scholar
Tsebelis, George. 1999. “Veto Players and Law Production in Parliamentary Democracies: An Empirical Analysis.” American Political Science Review 93: 591–608.Google Scholar
Tsebelis, George and Money, Jeanette. 1997. Bicameralism. New York: Cambridge University Press.
Tsebelis, George and Nardi, Dominic J.. 2016A Long Constitution Is a (Positively) Bad Constitution: Evidence from OECD Countries.” British Journal of Political Science 46 (2): 457–478.Google Scholar
Weingast, Barry. 1997. “The Political Foundations of Democracy and the Rule of Law.” American Political Science Review 91: 245–263.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×