Demos vs. Aristos: a trial of responsability before the contemporary Dikasteria

Abstract

After the failed Icelandic experience of constitutional crowdsourcing (2009-2012), some of the country’s legal community, parliamentarians and policymakers affirmed that the constitutional draft proposed by the constitutional council of 25 citizens and approved unanimously on 27 July 2011, was unrealistic, unenforceable and against the legal and political tradition of the Nordic country. This paper first remarks on how revolutionary and innovative the constitutional crowdsourcing experience was. From Solon, Ephialtes and Cleisthenes that laid out the foundation of democratic Athens, to modern constitutions that have been penned by few people men, regardless of the political system in which it is framed, been liberal democracies or authoritarian states. The paper simulating a trial, follows analysing the Icelandic experience from a critical perspective to identify the elements that ended crowdsourced constitution. The final segment of the paper aims to obtain different elements to improve the constitutional crowdsourcing to be considered in future constituent processes around the world.

Keywords: trial, Demos, Politeia, Derrida, democratic participation.