[governance] Debunking eight myths about multi-stakeholderism

[Barry Shein]

On May 1, 2015 at 05:58 seth.p.johnson at gmail.com (Seth Johnson) wrote:
 > On Wed, Apr 29, 2015 at 2:03 PM, Barry Shein <bzs at world.std.com> wrote:
 > >
 > > FWIW, the usual characterization of Tyranny of the Majority is 51%
 > > voting to kill the other 49%.
 > 
 > 
 > "Tyranny of the majority" is directly related to the problem of how
 > minorities' interests are guarded.  It's not about a bare majority
 > overtaking nearly the other half.  The founders in the US, both at
 > state level and federal, were very concerned about government running
 > out of control, including a kind of mob rule in legislatures.   I
 > don't think anyone in this thread is referencing the term very well,
 > but for instance checks and balances function in part as checks on
 > simple majoritarianism (like bicameralism, the notion of a higher
 > house, processes that balance representation of states versus
 > populations such that more populous states like California and Texas
 > don't have inordinate influence, the electoral college based on the
 > structure of representation in the legislature, federalism, tripartite
 > government with judicial review, fundamental rights, etc.).
 > Constitutions put in lots of features to operate as checks on the
 > government getting out of control, and indeed minorities have little
 > else to rely on besides these structural elements of constitutions to
 > guard their interests.  Court cases on discrimination are often about
 > this sort of issue.

Once rights which supercede ordinary legislative action are
established one needs a judiciary or equivalent with authority to
declare such inappropriate legislative or electorate action null and
void.

I really don't see where a judicial structure exists in what I've seen
of multistakeholderism other than by fiat -- let's form this
three-member panel and give them review authority -- or entirely
external to the processes -- let's see what a (state or federal) court
or govt agency with jurisdiction says.

For example look at ICANN's appeal to Canada's Office of Consumer
Affairs and the US's Federal Trade Commission for resolution of .SUCKS:

    http://www.circleid.com/posts/20150409_icann_asks_federal_trade_commission_if_suck_is_violating_any_laws/

or

   http://tinyurl.com/pzujkbj

  -b

 > 
 > 
 > Seth
 > 
 > 
 > > The mitigation is clear boundaries on what can and cannot be voted on
 > > generally referred to as "rights", you cannot violate the following
 > > list of rights with a vote...(list, plus evolved case law).
 > >
 > > There's generally some way to modify the list usually involving voting
 > > but one hopes it requires an inherently difficult process, not a
 > > simple up/down vote. A term is "hysteresis" -- once rights have been
 > > laid down then by design it should be difficult to remove or limit
 > > them.
 > >
 > > This is government 101 perhaps but it's also not been addressed in any
 > > multistakeholder systems I've seen except perhaps through by-laws of a
 > > corporation which is significant!
 > >
 > > But to my mind one can't get to what can be voted on without first
 > > having some idea of who can vote. These limitations have to be laid
 > > out and approved.
 > >
 > > Or by whatever the process for approving decisions is, voting is to
 > > some extent a metaphor for any reasonably inclusive and transparent
 > > approval process. Humming comes to mind:
 > >
 > >      https://tools.ietf.org/html/rfc7282
 > >
 > > --
 > >         -Barry Shein
 > >
 > > The World              | bzs at TheWorld.com           | http://www.TheWorld.com
 > > Purveyors to the Trade | Voice: 800-THE-WRLD        | Dial-Up: US, PR, Canada
 > > Software Tool & Die    | Public Access Internet     | SINCE 1989     *oo*
 > >
 > >
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