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Lawyers represent a significant threat to the integrity of the U.S. sanctions regime. This report analyzes that threat in the context of Russia’s aggressive war against Ukraine. Sanctions, particularly individual sanctions, are a central weapon in the United States’ national security arsenal. This report recommends that Congress, federal agencies, and state bar associations implement a comprehensive regulatory regime for lawyers engaging in certain transactional work to ensure U.S. lawyers are no longer enablers of sanctions evasion.

This report recommends amending the Banking Secrecy Act (BSA) to subject financial transactional work completed by lawyers to the same anti-money laundering and anti-sanctions evasion requirements to which banks are subject. Lawyers would be required to verify the true identity of their clients when completing financial transactions on their behalf and file reports with the government on suspicious client activity. This requirement would prevent oligarchs from gaming the U.S. anti-money laundering (AML) system by using lawyers instead of banks for these transactions. Congress must also fully fund the agencies that would implement this new law: the Financial Crimes Enforcement Network (FinCEN), the Office of Foreign Assets Control (OFAC), and the Department of Justice (DOJ). FinCEN must issue comprehensive rules clarifying lawyers’ obligations under the BSA, and OFAC must amend its regulations to plug a critical gap in the current sanctions implementation framework. Finally, state bar associations must require that lawyers be trained on their new obligations.

This report begins with a description of the problem: oligarchic wealth, how that wealth supports Putin’s regime, and how U.S. lawyers enable sanctions evasion (Part I). It then gives an overview of the current regulatory landscape (Part II). Next, it presents how six other countries regulate lawyers as potential enablers of sanctions evasion and other crimes, including money laundering (Part III). Finally, it proposes a comprehensive legislative and regulatory regime to solve the lawyers-as-enablers problem (Part IV).

About the Law and Policy Lab

Under the guidance of faculty advisers, Law and Policy Lab students counsel real-world clients in such areas as education, copyright and patent reform, governance and transparency in emerging economies, policing technologies, and energy and the environment. Policy labs address problems for real clients, using analytic approaches that supplement traditional legal analysis. The clients may be local, state, or federal public agencies or officials, or private non-profit entities such as NGOs and foundations. Typically, policy labs assist clients through empirical evidence that scopes a policy problem and assesses options and courses of action. The methods may include comparative case studies, population surveys, stakeholder interviews, experimental methods, program evaluation or big data science, and a mix of qualitative and quantitative analysis. Faculty and students may apply theoretical perspectives from cognitive and social psychology, decision theory, economics, organizational behavior, political science or other behavioral science disciplines.

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Stanford Law School Law and Policy Lab, 2023-24 Spring
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Erik Jensen
Kyrylo Korol
Sarah Manney
Katherine Viti
Lexi Curnin
Bryce Tuttle
Nathaniel Quigley
Tengqin (Max) Han
Garrett Walker
Frishta Quigley
Danny Sharp
Gabriel Bernardes
Moira Lieto
Gretchen Knaut
Book Publisher
Policy Practicum: Regulating Professional Enablers of Russia’s War on Ukraine (Law 809M)
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Kathryn Stoner

Georgia's president, Salome Zourabichvili, vetoed the Parliament's contentious anti-foreign agent law, but called her act "symbolic," as the majority Georgian Dream party promised to override the veto at their next session. This talk explores Georgia's democratic aspirations within the context of the law, dissecting its potential ramifications for civil society, political freedoms, and Georgia's European integration ambitions.

Professor Kathryn Stoner, who was awarded an honorary doctorate from Iliad State University, Tbilisi, Republic of Georgia in 2016, will discuss the politics and complexities of the recent law and its implications for Georgia's future.


Kathryn Stoner is the Mosbacher Director of the Center on Democracy, Development, and the Rule of Law (CDDRL), and a Senior Fellow at CDDRL and the Center on International Security and Cooperation at FSI. From 2017 to 2021, she served as FSI's Deputy Director. She is Professor of Political Science (by courtesy) at Stanford and she teaches in the Department of Political Science, and in the Program on International Relations, as well as in the Ford Dorsey Master's in International Policy Program. She is also a Senior Fellow (by courtesy) at the Hoover Institution.

Prior to coming to Stanford in 2004, she was on the faculty at Princeton University for nine years, jointly appointed to the Department of Politics and the Princeton School for International and Public Affairs (formerly the Woodrow Wilson School). At Princeton she received the Ralph O. Glendinning Preceptorship awarded to outstanding junior faculty. She also served as a Visiting Associate Professor of Political Science at Columbia University, and an Assistant Professor of Political Science at McGill University. She has held fellowships at Harvard University as well as the Woodrow Wilson Center in Washington, DC.

In addition to many articles and book chapters on contemporary Russia, she is the author or co-editor of six books: "Transitions to Democracy: A Comparative Perspective," written and edited with Michael A. McFaul (Johns Hopkins 2013);  "Autocracy and Democracy in the Post-Communist World," co-edited with Valerie Bunce and Michael A. McFaul (Cambridge, 2010);  "Resisting the State: Reform and Retrenchment in Post-Soviet Russia" (Cambridge, 2006); "After the Collapse of Communism: Comparative Lessons of Transitions" (Cambridge, 2004), coedited with Michael McFaul; and "Local Heroes: The Political Economy of Russian Regional" Governance (Princeton, 1997); and "Russia Resurrected: Its Power and Purpose in a New Global Order" (Oxford University Press, 2021).

She received a BA (1988) and MA (1989) in Political Science from the University of Toronto, and a PhD in Government from Harvard University (1995). In 2016 she was awarded an honorary doctorate from Iliad State University, Tbilisi, Republic of Georgia.

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Kathryn Stoner, Stanford University
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Democracies worldwide are facing a crisis of trust due to a lack of collaboration between citizens and their representatives, as well as growing civic disengagement. This episode of PBS’s new docuseries, “A Brief History of the Future,” delves deep into this issue AND a potential solution: Deliberative Democracy.

Alice Siu, senior research scholar at CDDRL and Associate Director of the Deliberative Democracy Lab, sheds light on how Deliberative Polling has been used to bridge divides among participants and what the future of democracy could look like when empathetic conversations take center stage.

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Mongolian flags around the State Great Khural, or parliament building, in central Ulaanbaatar at dusk.
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Deliberative Polling "Fosters Peace and Instigates Positive Change Among People of Mongolia"

Gombojavyn Zandanshatar, Chairman of the State Great Khural (the Parliament of Mongolia) and a former CDDRL visiting scholar, reports that a second National Deliberative Poll in his country has successfully led to a new Constitutional Amendment.
Deliberative Polling "Fosters Peace and Instigates Positive Change Among People of Mongolia"
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Navigating the Future of AI: Insights from the Second Meta Community Forum

A multinational Deliberative Poll unveils the global public's nuanced views on AI chatbots and their integration into society.
Navigating the Future of AI: Insights from the Second Meta Community Forum
Alice Siu delivers a TEDxStanford talk
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Deliberative Polling: A Path to Bridging Divides

In a TEDxStanford talk, Alice Siu discusses how applying and spreading deliberative democracy can better engage us all in our shared public problems.
Deliberative Polling: A Path to Bridging Divides
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In a new PBS docuseries, Alice Siu sheds light on how Deliberative Polling has been used to bridge divides among participants and what the future of democracy could look like when empathetic conversations take center stage.

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A burgeoning literature considers the domestic causes and consequences of democratic backsliding for public perceptions of democracy but has yet to fully examine the role of international factors in explaining these perceptions. Specifically, the effect of democratic backsliding in one democracy on public support for democratic principles in other countries has, thus far, defied theoretical and empirical investigation. Addressing this gap, we propose and test a theory of the effects of backsliding on global opinion in which information about democratic decline in one country can lead to increased support for authoritarian governance in another country. To test this, we use an original survey experiment in Israel where we test the effect of two narratives regarding the 2020 U.S. elections—one signaling democratic decline and one signaling democratic resilience—on support for authoritarian governance. We find that respondents exposed to the narrative of U.S. democratic decline were more supportive of authoritarian governance compared to respondents exposed to the narrative of democratic resilience. We further find marginal evidence that the respondents’ ideological preferences condition the effect of narrative exposure. Our findings suggest that the democratic backsliding literature has insufficiently explored the global consequences of domestic events and processes on democratic decline worldwide.

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International Journal of Public Opinion Research
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Amnon Cavari
Amichai Magen
Benjamin Yoel
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Issue 2
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Nora Sulots
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Francis Fukuyama, Olivier Nomellini Senior Fellow at Stanford University’s Freeman Spogli Institute for International Studies, is leading an effort to protect and reform the U.S. public service. He has organized a Working Group to Protect and Reform the Civil Service in response to plans elaborated in the Heritage Foundation's Project 2025 to strip civil service protections from all federal workers and replace them with political loyalists in a future administration.

The Need for Reform


A group of nonpartisan experts and scholars recently convened at the National Academy of Public Administration to discuss civil service reform. This discussion is critical in light of plans to revive "Schedule F," an executive order that would reclassify many federal positions, remove civil service protections, and allow political loyalty to dictate hiring and firing.

A Better Vision


The Working Group proposes an alternative vision for a more effective federal workforce based on five principles:

  1. Agility: Modernizing outdated systems to adapt to technological, economic, and social changes.

  2. Accountability: Ensuring federal employees remain loyal to the Constitution while being responsive to elected officials.

  3. Collaboration: Leveraging skills and knowledge across various sectors, including private industries and universities.

  4. Outcomes: Focusing on producing real-world results valued by the public and simplifying government procedures.

  5. Capacity: Providing federal workers with the skills, training, and education needed to fulfill their missions effectively.
     

Risks of “Schedule F”


Reviving “Schedule F” would undermine these goals, promoting politicization over merit-based results. Government workers might avoid necessary risks and innovation if judged on political loyalty. The Working Group plans to detail further how the federal government can evolve to meet these challenges and become a 21st-century government.

Fukuyama and the Working Group call for support in protecting and reforming the civil service to ensure a competent, non-partisan, and effective federal workforce. Click here to read their statement in full.

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Francis Fukuyama Honored with Lifetime Achievement Award

The Fred Riggs Award for Lifetime Achievement in Public Administration is an academic award given annually by the Section on International and Comparative Administration of the American Society for Public Administration.
Francis Fukuyama Honored with Lifetime Achievement Award
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Reimagining Public Policy Education at Stanford and Beyond

The Center on Democracy, Development and the Rule of Law is proud to announce the launch of a new free massive open online course aimed at providing participants with a foundational knowledge of the best means for enacting effective policy change in their home countries.
Reimagining Public Policy Education at Stanford and Beyond
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A new working group led by Francis Fukuyama seeks to protect and reform the U.S. civil service by promoting nonpartisan, effective, and adaptable workforce practices while opposing politicization efforts like "Schedule F."

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Montana Gray
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This article originally appeared in The Stanford Daily.

European Union (EU) High Representative for Foreign Affairs and Security Policy Josep Borrell M.S. ’75 visited the Hoover Institution on Monday for an event hosted by the Freeman Spogli Institute for International Studies (FSI).

In a keynote speech followed by a conversation with the institute’s director and former ambassador to Russia, Michael McFaul, Borrell delved Europe’s crucial role and responsibilities in addressing ongoing war in Ukraine and Gaza, as well as geopolitical security and emerging technology more broadly.

Borrell emphasized the need for EU countries to collectively adapt to the changing geopolitical landscape and increase their strategic responsibility. He stressed the importance of European unity in the face of challenges posed by Russia’s aggression in Ukraine and the ongoing Israel-Gaza war, noting that the security landscape has “dramatically changed.”

“Europe has to learn to speak the language of power,” Borrell said, emphasizing the need for Europe to increase its military capacities while utilizing all available tools to face global challenges.

Listen to Representative Borrell's full discussion with Michael McFaul below on a special episode of World Class podcast.

Follow the link for a transcript of "Strategic Responsibility in the EU, United States, and Beyond."

Regarding the Israel-Gaza war, Borrell called for a political process that would empower the Palestinian Authority and reach a solution for peace, describing the current state as “a stain on human consciousness.” He urged the international community to push for a ceasefire, secure the release of hostages, and ensure better access to humanitarian aid in the region.

“It is not a natural catastrophe what is happening in Gaza. It is not an earthquake, it is not a flood when you come and help people suffering the consequences. [It] is a manmade disaster, is a manmade catastrophe,” Borrell said.

Among the other global challenges Borrell called for Europe to address was the continent’s dependence on China for critical materials and technologies. He emphasized the importance of coordinating with the US to counter China’s growing influence in the global economic and political sphere.

“More coordination in front of China should be one of the most important things that the Europeans and the Americans should do in order to balance the challenges of this world,” Borrell said.

More broadly, Borrell spoke to the importance of coordination between the US and EU to work globally to protect “political freedom, economic prosperity, and social cohesion.”

Borrell acknowledged that the United States is a global leader in emerging technologies, particularly artificial intelligence, and stressed the importance of cooperation on trade and technological innovation. He expressed concern that regulatory hurdles may be hindering the EU’s ability to catch up with the U.S. in the technology sector and emphasized the significance of transatlantic collaboration in shaping the future of technology.

“I am happy to know that we are partners in building a responsible and human-centric technological innovation,” Borrell said.

The importance of partnership across countries was a throughline in Borrell’s speech, as he concluded with a reminder of the interconnectedness of global security and social well-being. “You cannot be secure at home if your neighbor is not eating dinner.”



Watch High Representative Borrell's full keynote remarks below. Video courtesy of the European Commission.

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Dr. Salam Fayyad, former prime minister of the Palestinian Authority, in conversation with Larry Diamond, FSI's Mosbacher Senior Fellow in Global Democracy, at an event hosted by CDDRL's Program on Arab Reform and Democracy.
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Palestinian Statehood and the War in Gaza

Salam Fayyad, former prime minister of the Palestinian Authority, spoke about the quest for peace and Palestinian statehood during a conversation on the Palestinian people, the Gaza War, and the conflict’s implications for stability in the Middle East, hosted by CDDRL’s Program on Arab Reform and Democracy.
Palestinian Statehood and the War in Gaza
Michael McFaul listens to President Zuzana Čaputová speak during the Q&A portion of her fireside chat at the Freeman Spogli Institute for International Studies at Stanford University.
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Slovak President Optimistic about Democracy, but Warns about Russian Misinformation

During a visit to the Freeman Spogli Institute for International Studies, Slovak President Zuzana Čaputová reminded the Stanford community that the stakes of the war in Ukraine are high and will impact democracies far beyond Eastern and Central Europe.
Slovak President Optimistic about Democracy, but Warns about Russian Misinformation
Will Dobson, book cover of "Defending Democracy in an Age of Sharp Power," and Chris Walker
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How Can Democracies Defend Against the Sharp Power of Autocrats?

Christopher Walker, Vice President for Studies and Analysis at the National Endowment for Democracy, and Will Dobson, co-editor of the Journal of Democracy, discussed their new book, “Defending Democracy in an Age of Sharp Power” (Johns Hopkins University Press 2023).
How Can Democracies Defend Against the Sharp Power of Autocrats?
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Borrell emphasized the need for EU countries to adapt to the changing geopolitical landscape and increase their strategic responsibility, whether in responding to Russian aggression in Ukraine, the crisis in Gaza, or competition with China.

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Classless Politics book talk

In this talk, Hesham Sallam will discuss his book Classless Politics: Islamist Movements, the Left, and Authoritarian Legacies in Egypt (Columbia University Press, 2022). The book offers a counterintuitive account of the relationship between neoliberal economics and Islamist politics in Egypt that sheds new light on the worldwide trend of "more identity, less class." It examines why Islamist movements have gained support at the expense of the left, even amid conflicts over the costs of economic reforms.

This event is co-sponsored by the Abbasi Program in Islamic Studies, the Middle Eastern Studies Forum, and CDDRL's Program on Arab Reform and Democracy.

ABOUT THE SPEAKER

Hesham Sallam is a Senior Research Scholar at Stanford University's Center on Democracy, Development and the Rule of Law, where he serves as Associate Director for Research and the Associate Director of the Program on Arab Reform and Democracy. He is also a co-editor of Jadaliyya ezine. He is the author of Classless Politics: Islamist Movements, the Left, and Authoritarian Legacies in Egypt (Columbia University Press, 2022), co-editor of Struggles for Political Change in the Arab World (University of Michigan Press, 2022), and editor of Egypt's Parliamentary Elections 2011-2012: A Critical Guide to a Changing Political Arena (Tadween Publishing, 2013). His article "The Autocrat-In-Training: The Sisi Regime at 10" recently appeared in the Journal of Democracy.

Encina Commons, 123
615 Crothers Way, Stanford, CA 94305

Encina Hall, E105
616 Jane Stanford Way
Stanford, CA 94305-6055

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Hesham Sallam is a Senior Research Scholar at CDDRL, where he serves as Associate Director for Research. He is also Associate Director of the Program on Arab Reform and Democracy. Sallam is co-editor of Jadaliyya ezine and a former program specialist at the U.S. Institute of Peace. His research focuses on political and social development in the Arab World. Sallam’s research has previously received the support of the Social Science Research Council and the U.S. Institute of Peace. He is author of Classless Politics: Islamist Movements, the Left, and Authoritarian Legacies in Egypt (Columbia University Press, 2022), co-editor of Struggles for Political Change in the Arab World (University of Michigan Press, 2022), and editor of Egypt's Parliamentary Elections 2011-2012: A Critical Guide to a Changing Political Arena (Tadween Publishing, 2013). Sallam received a Ph.D. in Government (2015) and an M.A. in Arab Studies (2006) from Georgetown University, and a B.A. in Political Science from the University of Pittsburgh (2003).

 

Associate Director for Research, Center on Democracy, Development and the Rule of Law
Associate Director, Program on Arab Reform and Democracy
Hesham Sallam
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How have pre-communist social structures persisted in Russia, and why does this persistence matter for understanding post-communist political regime trajectories? In a CDDRL seminar series talk, Tomila Lankina, Professor of International Relations at the London School of Economics and Political Science, discussed her award-winning book, The Estate Origins of Democracy in Russia: From Imperial Bourgeoisie to Post-Communist Middle Class (Cambridge University Press, 2022)The book challenges the assumption that the 1917 revolution succeeded in leveling old estate hierarchies, arguing that these social structures persist today. 

While analyses of the bourgeoisie factor heavily into the understanding of many societies, the relevance of this group is frequently left out when discussing countries like Russia and China, on the assumption that they had been completely leveled by revolutionary ruptures. Lankina’s book critically assesses this assumption. It adopts a uniquely interdisciplinary approach, utilizing archives, subnational comparisons, statistical analysis, social network analysis, and interviews with descendants. 

In characterizing the social structure of pre-communist Russia, Lankina noted that peasants comprised 77 percent of the population on the eve of the revolution. Other social groups, which she refers to as “educated estates” because of their higher literacy rates compared to those of peasants, included the urban meshchane, the merchants, nobility, and clergy. Out of the educated estates, meshchane constituted the majority, or 10 percent of the population. While their homes appeared rather modest, members of the meshchane exhibited characteristics of the urban bourgeoisie, and even their dress differed from that of the rural estate. They enjoyed much higher literacy rates than peasants.

Lankina explained that the comparatively high status of these “educated estates” — the meshchane, merchants, nobility, and clergy — persisted even after the Bolshevik revolution. To illustrate this, she highlighted partially intact social circles of the highly networked merchants, nobles, and tsarist-inspired soviet schools. Letters from the Samara province indicate that while many high-status citizens emigrated, there were matriarchs who stayed, spreading the tsarist-era values to their children and grandchildren after the revolution. Regardless of whether this middle class was endowed with democratic values, Lankina maintained that they passed human and entrepreneurial capital onto their offspring.

How did these estates endure? While the literature clearly articulates what happened to the ruling classes following the revolution, less time has been spent understanding what happened to the educated, middle-class segments of society. How did they adapt? 

Lankina proposed three different routes. First is the “pop-up brigade,” wherein young, educated individuals traveled around promoting education to peasant workers, instantly employable and absorbable into a new society. Then there is the “museum society,” where prominent nobles and merchants joined insular cultural institutions like archives, provincial libraries, and museums. Finally, “the organization man” denotes professionally skilled individuals, such as medics, who retained their positions following the revolution as the social hierarchy got absorbed into newer organizations. 

To illustrate the significance of this persistence in social structures and values, Lankina, drawing on her co-authored paper with Alexander Libman (APSR 2021), indicated that meshchane concentration (as opposed to more recent educational indices) is a better predictor of a post-communist region’s openness, at least in the 1990s.

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Maria Popova presents in a REDS Seminar co-hosted by CDDRL and The Europe Center
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Corruption in Ukraine and EU Accession

While some observers have claimed that Ukraine’s corruption renders it unprepared for EU accession, Maria Popova’s research suggests otherwise.
Corruption in Ukraine and EU Accession
Will Dobson, book cover of "Defending Democracy in an Age of Sharp Power," and Chris Walker
News

How Can Democracies Defend Against the Sharp Power of Autocrats?

Christopher Walker, Vice President for Studies and Analysis at the National Endowment for Democracy, and Will Dobson, co-editor of the Journal of Democracy, discussed their new book, “Defending Democracy in an Age of Sharp Power” (Johns Hopkins University Press 2023).
How Can Democracies Defend Against the Sharp Power of Autocrats?
Eugene Finkel presents during a REDS Seminar co-hosted by The Europe Center and CDDRL on April 18, 2024.
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The Historical Roots of Russia’s Quest to Dominate Ukraine

According to Eugene Finkel, the Kenneth H. Keller Associate Professor of International Affairs at Johns Hopkins University, Russia’s recurrent attacks against Ukraine can be traced to issues of identity and security.
The Historical Roots of Russia’s Quest to Dominate Ukraine
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Tomila Lankina’s award-winning book, “The Estate Origins of Democracy in Russia: From Imperial Bourgeoisie to Post-Communist Middle Class” (Cambridge University Press, 2022), challenges the assumption that the 1917 revolution succeeded in leveling old estate hierarchies, arguing that these social structures persist today.

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What is authoritarian sharp power, and how has it shaped the current geopolitical landscape and the state of democracy around the globe? In a CDDRL research seminar series talk, Christopher Walker — Vice President for Studies and Analysis at the National Endowment for Democracy — and Will Dobson, the co-editor of the Journal of Democracy, discussed their new book Defending Democracy in an Age of Sharp Power (Johns Hopkins University Press 2023). The co-authors argue that dictators have moved beyond the suppression of their own citizens and are now actively attempting to erode the pillars of democratic societies. 

Conventional wisdom of the last 25 years suggests that the solution to our “authoritarian problem” is simple: the passage of time. Over time, scholars argued, authoritarian political systems would gradually and peacefully give way to democratic ones, with rising demands for political rights. Globalization would bind authoritarian elites to their Western counterparts via business, and the internet would expose citizens to new ways of thinking. 

However, the authoritarian regimes have not subsided. In fact, they have worked to undermine democratic institutions in other countries. Thus, Defending Democracy in an Age of Sharp Power serves as a rebuttal to these illusions, arguing that free societies can no longer afford this sort of complacency. 

Autocrats see democracies as an existential threat to their way of rule, both at home and abroad. Accordingly, they have begun reaching across borders to stymie democracy where it does not exist and undermine it where it does. 

How are they doing this? By attacking the facet of democratic society people believed was its principal strength, namely its openness. While autocrats are able to harden themselves and their societies from the free world, commitment to democracy fundamentally means a free exchange of ideas. This allows autocrats to target the minds of foreign publics by manipulating key institutions, such as universities, think tanks, media outlets, and entertainment companies. 

But it is not just autocrats’ outward-looking strategy that has permitted this infiltration; democracies themselves are complacent. Many powerful actors have been willing to cede their values and principles, sometimes for money or prestige, but sometimes just due to a lack of understanding and foresight. 

To prevent further influence, Walker and Dobson stress that democracies need to take both reactive and proactive measures. In response to the offense of autocracies, democracies must commit to prioritizing openness and transparency. They must, for example, prevent deals that extend China’s influence. Democracies must also work to correct knowledge asymmetries and think of innovative ways to get information about China and its role into the wider world. On the proactive front, democracies must defend their own values and the intrinsic benefit of a democratic system.

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Eugene Finkel presents during a REDS Seminar co-hosted by The Europe Center and CDDRL on April 18, 2024.
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The Historical Roots of Russia’s Quest to Dominate Ukraine

According to Eugene Finkel, the Kenneth H. Keller Associate Professor of International Affairs at Johns Hopkins University, Russia’s recurrent attacks against Ukraine can be traced to issues of identity and security.
The Historical Roots of Russia’s Quest to Dominate Ukraine
Beatriz Magaloni presents during a CDDRL research seminar on April 11, 2024.
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Can Indigenous Political Autonomy Reduce Organized Crime? Insights from Mexico

Beatriz Magaloni, the Graham H. Stuart Professor of International Relations, presented her latest research during a CDDRL seminar talk.
Can Indigenous Political Autonomy Reduce Organized Crime? Insights from Mexico
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Christopher Walker, Vice President for Studies and Analysis at the National Endowment for Democracy, and Will Dobson, co-editor of the Journal of Democracy, discussed their new book, “Defending Democracy in an Age of Sharp Power” (Johns Hopkins University Press 2023).

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Nora Sulots
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Deliberative Polling®, a process pioneered by Stanford’s Deliberative Democracy Lab (DDL), housed within the Center on Democracy, Development and the Rule of Law, has been used successfully for the second time to help change the Constitution of Mongolia.

Following a 2015 city-wide Deliberative Poll for the Capital City Ulaanbataar, conducted with support from DDL (then called the Center for Deliberative Democracy), the national Parliament in Mongolia decided to pass the “Law on Deliberative Polling.” This law, approved in 2017, requires that deliberative polling be conducted on potential amendments to the Mongolian Constitution before they can be considered by the Parliament.

The first national Deliberative Poll following the new law was convened in 2017. After extensive parliamentary debate, Mongolia amended its constitution by a two-thirds vote on November 14, 2019. Gombojavyn Zandanshatar, Chairman of the State Great Khural (the Parliament of Mongolia) and a 2014-16 visiting scholar at CDDRL, noted in a letter to Professor James Fishkin, Director of the Deliberative Democracy Lab, that Deliberative Polling “was a critical part of the process of consultation and discourse that helped shape the final amendments. You will see that most of the major changes made in these latest amendments can be traced back to the key issues the citizens discussed during the Deliberative Poll.”

In February of 2023, a new national sample of nearly 800 people — a stratified random sample of citizens from throughout the country — gathered in the Government Palace (the seat of government in Ulaanbaatar) for a long weekend to deliberate about proposed amendment topics. The new sample was selected by the National Statistical Office, the governmental body also responsible for conducting Mongolia’s National Census. The topics were gathered from nearly 1,100 suggestions from experts, the public, civil society, and professional organizations around the country. They were then screened by the Deliberative Council, an independent non-partisan body required by the “Law on Deliberative Polling.”

Citizens gather at the Government Palace on February 14 and 15, 2023, to participate in a National Deliberative Poll. Photo courtesy of the State Great Khural (the Parliament of Mongolia). Citizens gather at the Government Palace on February 14 and 15, 2023, to participate in a National Deliberative Poll. Citizens deliberate on possible constitutional amendments. Photo courtesy of the State Great Khural (the Parliament of Mongolia).

Two of the proposals that received very high support at the end of the deliberations provided a clear basis for the amendment. One was to expand the size of the Parliament (to increase its capacity to represent the public), and the other was to adopt a mixed electoral system, combining majority districts with Proportional Representation. Expanding the size of the parliament had the support of 82% of the participants, who had an opinion for or against the proposal. Adopting a mixed electoral system for the parliament (with both majority districts and proportional representation) ended with 71% support from those deliberators who had an opinion for or against the proposal by the end of the proceedings. The amendment successfully increased the representation in the parliament from a total of 76 members elected by majority vote in districts to a total of 126 members, with 78 elected by majority vote in districts and 48 elected by proportional representation. Subsequently, the quota for female candidates in the parliamentary elections of 2024 was raised to 30%, with plans to further increase it up to 40% by 2028.

Citizens deliberate on possible constitutional amendments. Photo courtesy of the State Great Khural (the Parliament of Mongolia). Citizens deliberate on possible constitutional amendments. Photo courtesy of the State Great Khural (the Parliament of Mongolia).

“The outcome of the Deliberative Polling has paved the way for significant amendments to the Constitution in 2023, and the impact is already evident,” said Zandanshatar in a letter to Fishkin earlier this month. “The amendment ensured the strengthening of the parliamentary democracy, wider representation in the parliament, and gender parity across political decision-making levels.”

He concluded his letter by sharing, “We firmly believe that the two iterations of Deliberative Polling have contributed significantly to fostering peace and instigating positive change among the people of Mongolia. By prioritizing the voices of the people in our decision-making processes and continually striving for improvement, we are poised to ascend to greater heights.”

Fishkin commented, “By passing the Law on Deliberative Polling and then twice successfully using it to amend its constitution, Mongolia has set a great example for how to realize deliberative democracy with the aid of social science.”

A systematic report on the Deliberative Poll compiled by the National Statistical Office can be found below, along with details of the amendment in English and Mongolian.

For additional information on the Deliberative Poll, please contact James Fishkin (Director) or Alice Siu (Associate Director) at the Deliberative Democracy Lab, Enkh-Undram Bayartogtokh (Chief of Staff) at the Office of the Chairman of the State Great Hural (Parliament) of Mongolia, or Nora Sulots (Communications Manager) at CDDRL.

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Gombojavyn Zandanshatar and James Fishkin
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Mongolia adopts deliberative method developed by Stanford professor

A method of public opinion-gathering developed by a Stanford communication professor has been adopted by the Mongolian government, which now requires that “deliberative polling” be conducted prior to amending the country’s constitution.
Mongolia adopts deliberative method developed by Stanford professor
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Gombojavyn Zandanshatar, Chairman of the State Great Khural (the Parliament of Mongolia) and a former CDDRL visiting scholar, reports that a second National Deliberative Poll in his country has successfully led to a new Constitutional Amendment.

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