Why are conspiracy theorists so trusting of citizen initiated binding referendums?

After reflecting far more than I should on some conspiracy laden testimony at Parliament yesterday, one of the things I recall was a demand that the approval of the TPPA be put to binding referendum. The conspiracy theorist at hand was deeply concerned about how that treaty was encroaching on New Zealand’s sovereignty.

Why did this conspiracy theorist assume that a binding referendum will go his way and that opposing conspiracy theorists will not put up their own binding referendums in which he will lose?

The major drawback of citizen initiated referendums is any bunch of people can put them up much to the annoyance of those who will be a victim of the law to be passed.

Just as rotation of power is inherent to Parliamentary democracy, the ability of the crazies to the either the left or the right of you to initiate their own binding citizen initiated referendums. The first referendum is likely to be on one of the following:

  • decriminalising marijuana,
  • banning smoking,
  • voluntary euthanasia,
  • a living wage,
  • life means life in prison,
  • same-sex marriages,
  • marriage is between a man and a woman,
  • entrenching the Treaty of Waitangi,
  • abolishing the Maori seats,
  • entrenching the Maori seats,
  • stop school closures,
  • capital punishment; and
  • future referendums not be binding.

Binding referenda are unworkable. Parliament can’t amend them later as we learn from the implementation of the law and unintended consequences arise. Every new law is riddled with unintended consequences and blow-backs.

Do you really want to have to have another referendum to undo a binding referendum that turned out to be a bit of a mistake? One of the few redeeming features of the Parliament that is sovereign – a parliament for can make or unmake any law whatsoever – is it can repeal its mistakes quickly.

The first citizens initiated referendum was held on 2 December 1995. The question was

Should the number of professional fire-fighters employed full-time in the New Zealand Fire Service be reduced below the number employed in 1 January 1995?

Turnout was low as the referendum was not held in conjunction with a general election, and the measure was voted down easily, with just over 12% voting “Yes” and almost 88% voting “No”.

The key to constitutional design is not empowering you and yours – it is how to restrain those crazies to the Left or the Right of you, as the case may be, when they get their hands on the levers of power, as they surely will in three, six or nine years’ time.

The one inevitability of democracy is power rotates – unbridled power and binding referenda lose their shine when you must share that power with the opposing side of politics who put up their own referendum question.

Constitutions are brakes, not accelerators. Much of constitutional design is about checks and balances and the division of power to slow the impassioned majority down.

Conspiracy theorists that pretty much sore losers. The last thing they want is a binding referendum on a topic on which they are going to vote no.

The problem of constitutional design was ensuring that government powers would be effectively limited. The constitutions were designed and put in place by the classical liberals to check or constrain the power of the state over individuals.

The motivating force of the classical liberals was never one of making government work better or even of insuring that all interests were more fully represented. Built in conflict and institutional tensions were to act as constraints on the power and the size of government.

Modern democracy is government subject to electoral checks. Citizens do have sufficient knowledge and sophistication to vote out leaders who are performing poorly or contrary to their wishes. Modern democracy is the power to replace governments at periodic elections.

The power of the electorate to turn elected officials out of office at the next election gives elected officials an incentive to adopt policies that do not outrage public opinion and administer the policies with some minimum honesty and competence.

Too many want to remake democracy with the faculty workshop as their model. Such deliberation has demanding requirements for popular participation in the democratic process, including a high level of knowledge and analytical sophistication and an absence, or at least severe curtailment, of self-interested motive. The same goes for citizen initiated binding referendums.

The rotation of power is common in democracies, and the worst rise to the top, so it is wise to design constitutional safeguards to minimise the damage done when those crazies to the right or left of you get their chance in office, as they will.

State power was something that classical liberals feared, and the problem of constitutional design is insuring that such power would be effectively limited. Conspiracy theorists lose all their fear of power by drinking on the heady wine of citizens initiated referendum. Be careful for what you wish for.

The Effect of Personality on Social and Economic Political Attitudes

Conscientiousness is associated with conservatism and Openness is associated with liberalism. Emotional Stability is associated with conservative economic attitudes and Agreeableness is associated with liberal economic attitudes.

Source: Personality Traits and the Dimensions of Political Ideology by Alan Gerber, Gregory Huber, Shang E. Ha, Conor Dowling, David Doherty :: SSRN.

A fragile state lists from DFID

Note from @paulkrugman to @BernieSanders @JeremyCorbyn and their supporters

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Scalia on who should decide vexing social issues @PeterDunneMP

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Source: Antonin Scalia was a truly great Supreme Court justice.

Disputed Indian borders

Justice Scalia on corporate free-speech

Justice Scalia on corporate free-speech

Source: AUSTIN v. MICHIGAN CHAMBER OF COMMERCE | FindLaw.

Gerrymandering is even more infuriating when you can actually see it

https://twitter.com/bargemUK/status/687610265400152065


Source: Gerrymandering Is Even More Infuriating When You Can Actually See It | WIRED.

Why Do Politicians All Sound the Same? @BernieSanders

@jacindaardern wrong to say Australia is last place to follow in race relations

From 1965 onwards, 1/3rd of terrestrial Australia – 2.5 million sq kms of land – was returned to indigenous owners, with half of that since the Native Title decision in 1993. Tasmania pioneered aboriginal land rights with the Cape Barron Island Act 1912.

Source: Jon Altman, The political ecology and political economy of the Indigenous land titling ‘revolution’ in Australia, March 2014 Māori Law Review.

New Zealand extinguished native title twice in its history with the 2nd of these takings of Māori land by the last Labour government with the foreshore and seabed legislation. In her op-ed today, has Jacinda Ardern forgotten why the Māori party came into being?

Unlike New Zealand, Australia welcomed migrants from a wide range of ethnicities after the Second World War. It abolished the White Australia policy in the 1960s along with any discrimination in its Constitution against aboriginals.

Australia takes 8 times as many refugees as New Zealand on a per capita basis.

This redress of indigenous grievances was done out of the generosity of the Australian heart. Aboriginals are a tiny minority in Australia with little independent political pull.

#TPPANoWay sovereignty objections apply equally to @ILO conventions

New Zealand has signed and ratified dozens of International Labour Organisation Conventions dating back to 1921. They all fetter the sovereignty of New Zealand. As a member of the ILO, New Zealand is required to report on its application of ILO Conventions.

That limitation on the sovereignty of New Zealand is no more and no less than in an international trade agreement. New Zealand can renounce an international trade agreement and has renounced nine International Labour Organisation conventions.

Jane Kelsey makes the following points about the legal implications of the Trans-Pacific Partnership agreement:

The 30 chapter Trans-Pacific Partnership Agreement (TPPA) constrains domestic law and policy at central government level, and in places by local government and SOEs, in diverse areas beyond traditional aspects of international trade.

…The TPP provides cumulative opportunities for foreign states and corporations to influence domestic decisions which may be burdensome and intrusive.

The exact same objections apply to the ILO conventions. The union movement does not hesitate to argue that the democratic process in New Zealand should be overridden because the proposal at hand purportedly conflicts with an ILO convention.

For example, when the government was choosing to deregulate collective bargaining, the sovereignty of Parliament was questioned because of an ILO convention. Helen Kelly, CTU President said:

in Parliament on 4 June, the Minister was asked if he agreed with advice from officials that the ability for employers to opt out of multi-employer bargaining may breach our obligations under ILO Convention 98 on the right to organise and collective bargaining.

…There is no point attending such an important UN ILO conference at the time your Government is being advised it is breaching its undertakings to that very organisation…

The CTU President also referred to the regulatory impact statement prepared for that collective bargaining legislation:

The paper also points out that these changes open NZ up to international examination by the International Labour Organisation (ILO) for non-compliance with Convention 98 – on the Right to Organise and Collectively Bargain, which New Zealand has signed up to.

Helen Kelly says “at least four of the proposals are deemed to be inconsistent with our international obligations, and two of them are classified as uncertain. Why the Government wants law changes that damage our international obligations is unclear.”

Council of Trade Unions submissions to minimum wage reviews have at least a dozen references to ILO conventions and the requirement to honour their provisions.


Posner and Goldsmith rightly argue that international law is a product of states pursuing their interests on the international stage. It does not induce states to comply contrary to their interests. The possibilities for what it can achieve are limited.

Government sign-up to various international agreements depending on their political priorities. You cannot complain that governments that you did not vote do what government you voted for also did, which was sign up to international agreements that suited their political agendas. The solution is to work harder to win the next general election.

As for opposing trade agreements on sovereignty grounds, it is rank hypocrisy for the union movement to do so given the number of times it cites international labour agreements when it suits them and seeks their inclusion in trade agreements to raise labour costs in developing countries.

Nobody voted 4 @HillaryClinton because she was honest & trustworthy!

Source: Iowa preliminary entrance poll results – Washington Post.

Iowa voted 4 @TedCruz @MarcoRubio @realdonaldtrump 4 very different reasons

Source: Iowa preliminary entrance poll results – Washington Post.

Political activists for all their activism are bone lazy

The rise of Jeremy Corbyn has reminded me of how lazy political activists happen to be. For all their lifelong agitating, they think that as soon as they get a degree of prominent, their work is done. Suddenly, everyone who has disagreed with accidentally prominent activists for all that life will flock to their side and they will win the next election.

The thing about being a political fringe dwelling is you are a political fringe dweller. Only a tiny percentage of the population support you. To get anything above that requires hard work and a considerable amount of compromise to expand your base.

Those that already agree with you already agree with you. If you want more to agree with you, you have to start agreeing with those that disagree with you rather than they agree with you. It is a slow laborious process of compromise.

Occasionally, parties rush to prominence. Left-wing and right-wing populists are examples of these as are the anti-immigration parties. Their support is soft and can quickly disappear. Trump, Corbyn and Sanders should remember this.

Most of all, political activists who slip into prominence forget that voters tend to vote retrospectively: on past performance and out of anger than voting for a particular agenda of the alternative parties.

Because of this political ignorance and apathy, Richard Posner championed Schumpeter’s view of democracy. Schumpeter disputed the widely held view that democracy was a process by which the electorate identified the common good, and that politicians carried this out:

  • The people’s ignorance and superficiality meant that they were manipulated by politicians who set the agenda.
  • Although periodic votes legitimise governments and keep them accountable, their policy programmes are very much seen as their own and not that of the people, and the participatory role for individuals is limited.

Schumpeter’s theory of democratic participation is that voters have the ability to replace political leaders through periodic elections. Citizens do have sufficient knowledge and sophistication to vote out leaders who are performing poorly or contrary to their wishes.

The power of the electorate to turn elected officials out of office at the next election gives elected officials an incentive to adopt policies that do not outrage public opinion and administer the policies with some minimum honesty and competence.

That lack of competence and judgement are what will bring Trump, Corbyn and Sanders down. They are just not up to the job. There are better left-wing and right-wing populists and firebrands about.

The outcome of Schumpeterian democracy in the 20th century, where governments are voted out rather than voted in, is most of modern public spending is income transfers that grew to the levels they are because of support from the average voter.

Political parties on the Left and Right that delivered efficient increments and stream-linings in the size and shape of government were elected, and then thrown out from time to time, in turn, because they became tired and flabby or just plain out of touch.

There is considerable excitement about how popular and elite preferences seem to have equal chances are being implemented.

If Americans at different income levels agree on a policy, they are equally likely to get what they want. But what about the other half of the time? What happens when preferences across income levels diverge?

When preferences diverge, the views of the affluent make a big difference, while support among the middle class and the poor has almost no relationship to policy outcomes. Policies favored by 20 percent of affluent Americans, for example, have about a one-in-five chance of being adopted, while policies favored by 80 percent of affluent Americans are adopted about half the time. In contrast, the support or opposition of the poor or the middle class has no impact on a policy’s prospects of being adopted.

These patterns play out across numerous policy issues. American trade policy, for example, has become far less protectionist since the 1970s, in line with the positions of the affluent but in opposition to those of the poor. Similarly, income taxes have become less progressive over the past decades and corporate regulations have been loosened in a wide range of industries.

This is a dewy eyed view of democracy that would make HL Mencken proud. The notion of a democracy is governed by the rule of law, checks and balances and the protection of minority rights is lost in these dewy eyed conception is a democracy. As Matthew Yglesias said:

…the idea that the point of democracy is to implement legislative outcomes that are supported by broad-based surveys seems almost like a straw man dreamed up by an eighteenth-century monarchist.

Gilens concedes that other values—the protection of minority rights, for example—may also be important, but this misses the forest for the trees. The purpose of a political system is to resolve political questions in a satisfactory way….

The watchword of democracy should not be responsiveness but rather accountability.

In a well-functioning system, voters should elect a team of politicians and then fire them if their performance is seen as unsatisfactory. Seen in this light, the problem with American democracy today is that the intersection of counter-majoritarian legislative procedures and increased partisan polarization has blurred the lines of responsibility. 

My confidence in the median voter theorem returned when Bryan Caplan and Sam Peltzman pointed out that it is difficult to point to a major government program in the 20th century that does not have majority support.

Director’s law is the bulk of public programmes are designed primarily to benefit the middle classes but are financed by taxes paid primarily by the upper and lower classes. Based on the size of its population and its aggregate wealth, the middle class will always be the dominant interest group in a modern democracy.

Within this framework of accountability and voting on the basis of performance rather than promise, there is considerable rotation of power. The fact that this particular activist or populists stumbled onto the treasury benches does not mean much. They usually got there because the previous administration was no longer seen as competent. Nothing more than that.

#TPPANoWay @janlogie @oxfamnz trade agreements and consolidating democracy

The key reason why China joined the World Trade Organisation and other trade agreements is to bring some semblance of law to an authoritarian country.

Source: AEAweb: AEJ: Macro (6,2) p. 29 – Free Trade Agreements and the Consolidation of Democracy via Max Roser.

Both the elites and ordinary people are prospering tremendously from the rise of capitalism in China, Vietnam and other places. A move away from this liberalisation to a more authoritarian setting would cost too many people too much money.

In the course of these economic liberalisations, China and Vietnam, for example, changed from totalitarian dictatorships to tin-pot dictatorships. As long as you keep out of politics in these countries, there is a fair degree of freedom and much more freedom compared to the days of communism.

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