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Four years after the Panama Papers scandal, tax avoidance remains an urgent moral-political problem. Moving beyond both the academic and policy mainstream, I advocate the “democratization of tax enforcement,” by which I mean systematic efforts to make tax avoiders accountable to the judgment of ordinary citizens. Both individual oligarchs and multinational corporations have access to sophisticated tax avoidance strategies that impose significant fiscal costs on democracies and exacerbate preexisting distributive and political inequalities. Yet much contemporary tax sheltering occurs within the letter of the law, rendering criminal sanctions ineffective. In response, I argue for the creation of Citizen Tax Juries, deliberative minipublics empowered to scrutinize tax avoiders, demand accountability, and facilitate concrete reforms. This proposal thus responds to the wider aspiration, within contemporary democratic theory, to secure more popular control over essential economic processes.
Four years after the Panama Papers scandal, tax avoidance remains an urgent moral-political problem. Moving beyond both the academic and policy mainstream, I advocate the “democratization of tax enforcement,” by which I mean systematic efforts to make tax avoiders accountable to the judgment of ordinary citizens. Both individual oligarchs and multinational corporations have access to sophisticated tax avoidance strategies that impose significant fiscal costs on democracies and exacerbate preexisting distributive and political inequalities. Yet much contemporary tax sheltering occurs within the letter of the law, rendering criminal sanctions ineffective. In response, I argue for the creation of Citizen Tax Juries, deliberative minipublics empowered to scrutinize tax avoiders, demand accountability, and facilitate concrete reforms. This proposal thus responds to the wider aspiration, within contemporary democratic theory, to secure more popular control over essential economic processes.
A link between populism and social media is often suspected. This paper spells out a set of possible mechanisms underpinning this link: that social media changes the communication structure of the public sphere, making it harder for citizens to obtain evidence that refutes populist assumptions. By developing a model of the public sphere, four core functions of the public sphere are identified: exposing citizens to diverse information, promoting equality of deliberative opportunity, creating deliberative transparency, and producing common knowledge. A wellworking public sphere allows citizens to learn that there are genuine disagreements among citizens that are held in good faith. Social media makes it harder to gain this insight, opening the door for populist ideology.
The notion that democracy is a system is ever present in democratic theory. However, what it means to think systemically about democracy (as opposed to what it means for a political system to be democratic) is under-elaborated. This article sets out a meta-level framework for thinking systemically about democracy, built upon seven conceptual building blocks, which we term (1) functions, (2) norms, (3) practices, (4) actors, (5) arenas, (6) levels, and (7) interactions. This enables us to systematically structure the debate on democratic systems, highlighting the commonalities and differences between systems approaches, their omissions, and the key questions that remain to be answered. It also enables us to push the debate forward both by demonstrating how a full consideration of all seven building blocks would address issues with existing approaches and by introducing new conceptual clarifications within those building blocks.
What does it mean to design democratic innovation from a deliberative systems perspective? The demand of the deliberative systems approach that we turn from the single forum towards the broader system has largely been embraced by those interested in designing institutions for citizen participation. Nevertheless, there has been no analysis of the practical implications for democratic innovation. Is it possible to design differentiated but interconnected participatory and deliberative settings? Does this better connect democratic innovations to mass politics? Does it promote greater legitimacy? This article analyses one such attempt to design a systems-oriented democratic innovation: the ambitious NHS Citizen initiative. Our analysis demonstrates, while NHS Citizen pioneered some cutting-edge participatory design, it ultimately failed to resolve (and in some cases exacerbated) well-known obstacles to institutionalisation as well as generating new challenges. To effectively realise democratic renewal and reform, systems-oriented democratic innovation must evolve strategies to meet these challenges.
A necessidade e a possibilidade das decisões coletivas no processo político no interior de sociedades complexas são examinadas tendo em vista a questão da legitimidade dos governos democráticos. Analisa-se, com base nos três autores, a questão do desenho institucional mais adequado ao exercício da deliberação.
The paper argues that the current global market is organized by a system of transnational law whose development is best characterized as ambivalent. On the one side, legal juridification can lead to a hegemonic system of international law that lacks legitimacy, paradoxically creates extralegal spheres, promotes the ‘privatization’ of political areas, and, thereby, reduces the competences of states. On the other side, legal codification can also function as an engine of transnational democratization and as a barrier to an unhampered growth of transnational administrative and executive power. Scholarship on the idea of legitimacy in law and transnational governance in political and legal theory has to reflect these aspects of juridification on a world scale. Most approaches to the issue, however, have serious flaws: they neither offer an adequate empirical diagnosis of the de-embedding of international economic and legal processes, nor do they provide convincing proposals as to how such processes could be domesticated. Against this background, the paper lays out a critical analysis of legal codification processes as well as proposing an account of democratic governance, based on a realistic conception of deliberative democracy.