Finland crowdsourcing laws

http://blogs.oii.ox.ac.uk/policy/do-finlands-digitally-crowdsourced-laws-show-a-way-to-resolve-democracys-legitimacy-crisis/  - 16 November 2015

Based on ....Taneli Heikka  'The Rise of the Mediating Citizen: Time, Space, and Citizenship in the Crowdsourcing of Finnish Legislation' Policy & Internet Volume 7, Issue 3, pages 268–291, September 2015  Abstract. 

The digitally crowdsourced law for same-sex marriage was passed in Finland in 2014. Activists produced the draft text of the law on digital collaboration platforms, and support for the law was petitioned using strong digital identification. This article analyzes how the campaign for the Equal Marriage Law used new digital tools and created practices that affect democratic citizenship and power making. The campaigners succeeded in introducing to the national political debate the idea of a bill that had been twice rejected in the political process. This article introduces the typology of the mediating citizen to describe civic action that is able to affect representative politics in a constructive way and reprogram power. The radical legal framework, the Citizens' Initiative Act, offered a channel to pursue meaningful civic agency in Finland and counter the legitimacy crisis of representative democracies. In future efforts for enhancing digital civic participation such a channel for real impact should be part of the design.

Back to the source blog.

Ed: But realistically, how useful is the input of non-lawyers in (technical) legislation drafting? And is there a critical threshold of people necessary to draft legislation?

Taneli: I believe that input is valuable from anyone who cares to invest some time in learning an issue. That said, having lawyers in the campaign team really helps. Writing legislation is a special skill. It’s a pity that the co-creation features in Finland’s Open Ministry website were shut down due to a lack of funding. In that model, help from lawyers could have been made more accessible for all campaign teams.In terms of numbers, I don’t think the size of the group is an issue either way. A small group of skilled and committed people can do a lot in the drafting phase.

Ed: But can the drafting process become rather burdensome for contributors, given professional legislators will likely heavily rework, or even scrap, the text?

Taneli: Professional legislators will most likely rework the draft, and that is exactly what they are supposed to do. Initiating an idea, working on a draft, and collecting support for it are just phases in a complex process that continues in the parliament after the threshold of 50,000 signatures is reached. A well-written draft will make the legislators’ job easier, but it won’t replace them.

I recommend reading the whole blog.