Abstract
In 2023 the German Bundestag set up a Citizens’ Assembly on food politics . The institu- tional design was consistent with suggestions made by proponents of deliberative democ- racy like James Fishkin or Peter Dienel . This included the selection of the participants by lot, advice to the participants by experts, and moderation of their discussions . This article argues that the Citizens’ Assembly was installed in an unconstitutional way . In reaction to the failure of the Weimar Republic, the constituent of 1949 reinforced the authority of the Basic Law by a general rule that prohibits amendments to the constitution “outside” the constitution . Every amendment to it shall expressively modify the text of the Basic Law . The Bundestag failed this requirement when it adopted a simple parliamentary resolution to create a de facto co-parliament . The article concludes with a proposal on how the Bun- destag could constitutionalize a Citizens’ Committee by amending the Basic Law . This proposal differs from the design of the Citizens’ Assembly . The committee should connect professional politicians and “ordinary” citizens and therefore it should be composed of both citizens selected by lot, and Members of Parliament .
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