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December 2000 Fraser Forum: Can Technology Lead to Parlimentary Reform?
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Lydia Miljan
From October 23 to 26, 2000, a conference and exposition called Smart 2000
was held in Calgary. Its aim was to combine a trade show with a conference
on the topics of business, the professions (including geology, teaching,
engineering and science), learning, and communities in the new digital
world.
Much of the four-day event examined health, technological advances, education,
and the role of government in the new economy. But the last day dealt with
the loose theme of "Smart Communities." Two of the topics that speakers
addressed were governance and what new technological advances mean for
our parliamentary system of democracy. These were large topics for this
conference, considering that our parliamentary system of government means
that we elect representatives to make laws and policies on our behalf.
On the issue of governance, a central theme emerged. The main prediction
by speakers such as Diane Francis of the Financial Post and Roger Gibbins
of the Canada West Foundation was that new technology, and particularly
the internet, provide a platform for the more widespread application of
direct democracy. Direct democracy involves citizen-initiated laws; citizens
vote on legislation and have a direct say in government policy.
Francis and Gibbins both cited the World Trade Organization (WTO) protests
in Seattle and Washington, where protestors organized themselves through
chat groups, emails, and web sites, as an example of the rise in direct
democracy. Unfortunately, the speakers were incorrect. While it is true
that new technologies helped to mobilize protestors, it hardly follows
that their protests will lead to changes in government trade policies.
Moreover, the protests in Seattle were not against the direct outcomes
of North American democracy, but rather against globalization, and the
role of supranational organizations (both multinational firms and international
governing bodies like the WTO) which make decisions auxiliary to or in
place of the democratic process. In the case of international bodies, those
policies can bind democratic legislatures. Thus, these demonstrations were
not protests against representative democracy, but against perceived antidemocratic
forces.
Make no mistake: in Seattle and Washington we were not seeing protests
against duly elected governments conducting government business. Nor were
the protestors asking to be at the table to help make policy. They simply
don’t want the WTO to be a decision-making body. Protests against the WTO
do not equate to a mass public movement demanding direct democracy.
Another aspect to the theme of technology’s impact on direct democracy,
found in the "Smart Communities" component of the conference, was that
technology will make it easier for the public to take part in direct democracy.
The argument was straightforward: all one needs is a gadget that will allow
one to vote on any issue. Francis, in fact argued that the future would
involve Canadians voting on policy issues once a week.
Certainly, while this device would make participation easier, there are
two problems with the concept. First, not everyone has the same access
to technology. A competing theme of the conference was that there is a
"digital divide," where the poor have less access than the middle class
or the wealthy to technology. Rather than open up the system, the digital
divide exacerbates the existing problem of lower income groups’ inability
to participate.
A second problem with the proposal is that even if one could overcome the
problem of access to technology, there is no compelling evidence to show
that people would be interested in or able to vote on public policy issues.
Over time, there has been a consistent decline in voter turnout not only
in Canada, but in the US as well. The problem becomes more acute at the
local level. In some municipal elections, a turnout of 30 percent decides
government. Why should we expect the public to become involved and interested
in the multitude of policy issues that are put before provincial and federal
government legislatures? On the other hand, it is at least possible that
by lowering the cost in time and effort of becoming informed and voting,
technology could have some impact on involvement in the democratic process.
Nevertheless, the most recent American election illustrates how seemingly
simple choices can be confusing to some voters. If voters have difficulty
marking their ballots, how can we then expect them to make wise decisions
on complex pieces of legislation?
It is appealing to think that some technological advances can overcome
the many flaws that exist in representative democracy. What this hope ignores
is that the problems with representative democracy are not entirely or
even mostly technological, and therefore do not, for the most part, have
technological solutions. Representative democracy provides for specialization
in the governing process. The business of government is complex; we elect
people who will spend the time to make issues and policies their full-time
occupation. The internet does not change this. While the internet and new
technologies can improve access to the political system, they do not make
people any more informed, any more interested, or any more capable of making
governance decisions. Moreover, the well-documented flaws involved in governmental
favouring of special interests and, more generally, of politicians pursuing
their self-interests, often contrary to the public good, are not clearly
ameliorated by technological advances.
The speakers noted that the public should have a greater voice in political
matters. They provided irrefutable evidence that the Canadian parliamentary
system is seriously flawed, the greatest flaw being that too much power
is concentrated in the prime minister and cabinet. But it is wrong to believe
that technology will be able to change that political fact. Even if it
were unquestionably desirable to do so, it would take considerable political
will and perhaps even a constitutional amendment to change the current
status of the prime minister.1 In any event, the constitution is clear
about how amendments are to be made, and the process does not provide for
public participation in that decision. In fact, section 38 of the 1982
Constitution Act specifies that constitutional amendments can only be made
with resolutions of the Senate and the House of Commons, and resolutions
of the legislative assemblies of at least two-thirds of the provinces that
have at least 50 percent of the population. Given the inherent difficulty
of this threshold, it is unlikely that such an amendment can pass.
Besides, it is likely that any attempt to introduce direct democracy would
change the constitutional position of the Lieutenant Governor or the Governor
General, and that would require unanimity.
It is always tempting to think that technology can change everything. When
we look at how the economy, business, and day-to-day activities have changed
over the past century or so, it is easy to think that the same thing can
happen to governance. Sadly, the brave new world does not include direct
democracy. The invention of radio, telephones, and television did not change
our basic political institutions. They might have made some things easier
and some things more difficult, but the business of parliament remains
very similar to what it was 100 years ago. Each of these inventions had
the potential to allow direct democracy to be influential. That did not
happen simply because technology alone cannot be the impetus for major
parliamentary reform.
Note
1Our system of government gives incredible power to the prime minister
and his cabinet. Francis and others perceived that as a flaw. But even
if people can participate directly in policy-making from a technological
point of view, it won’t necessarily happen because our constitution does
not recognize the sovereignty of the people. In the US, such change is
possible, because the US constitution says that the people give the government
their authority. Our authority comes from a British statute which was enshrined
in our constitution. The only way to change this is to change the constitution,
which is extremely difficult.
Lydia Miljan (lydiam@fraserinstitute.ca) is the Director of the Alberta
Initiative, as well as the the National Media Archive, of The Fraser Institute.
She received her Ph.D. in Political Science from the University of Calgary.
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