Three Fallacies Undermining Participatory Constitution Making

Abstract

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.