A Little More Conversation? Assessing the Capacity of Citizens to Deliberate About Constitutional Reform in Australia

Griffith Law Review, Vol. 22, No. 2, pp. 291-314, 2013

24 Pages Posted: 10 Jun 2014

See all articles by Paul Kildea

Paul Kildea

University of New South Wales

Date Written: June 10, 2014

Abstract

Citizen-led deliberative forums are rapidly becoming a familiar part of constitutional reform process in liberal democracies around the world. One of the assumptions behind the use of such forums is that citizens have the capacity to deliberate well about complex issues. This is an assumption that remains largely untested with respect to deliberation among Australians about constitutional change. This article inquires into the capacity of Australian citizens to deliberate about constitutional reform by undertaking an empirical examination of the experience of three different types of citizen-led deliberative forums held between 1993 and 1999. Based on the experience of these forums, it argues that citizens are capable of engaging in quality deliberation on constitutional reform, and that the act of deliberation helps to develop individuals’ existing capacities. However, it contends that sound design and execution are essential if certain threats to deliberation – such as unequal understanding and domineering individuals – are to be countered. The article concludes that citizen-led deliberative forums can help to strengthen public engagement in constitutional issues and warrant closer consideration from Australian governments in their design of reform processes.

Keywords: Deliberation, constitutional reform, referendums, republic, Australia

Suggested Citation

Kildea, Paul, A Little More Conversation? Assessing the Capacity of Citizens to Deliberate About Constitutional Reform in Australia (June 10, 2014). Griffith Law Review, Vol. 22, No. 2, pp. 291-314, 2013, Available at SSRN: https://ssrn.com/abstract=2448072

Paul Kildea (Contact Author)

University of New South Wales ( email )

Faculty of Law
University of New South Wales
Sydney, NSW 2052
Australia

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