Bringing in the People

This subject deals with the many ways in which ‘the people’ are or can be involved directly in decision-making on important public issues, rather than through elected representatives. Direct involvement of the people through the use of referendums has been a familiar feature of systems of government for some time. Recently, however, new mechanisms for the involvement of the people have begun to proliferate around the world, including in Australia, of which Citizens’ Assemblies are only one example. In some jurisdictions, people demand more opportunities for participation and are critical of failures in representation. These developments are some of the most important challenges in public law of the present time and raise several questions, including about representation and constitutionalism. The subject will examine the features of representative democracy that have encouraged this development to emerge; explore the complex relationship between representation and direct popular involvement; and analyse the range of issues that arise from the use of such techniques including, for example, selection, process and the management of outcomes.