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Final Report (all chapters)

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Deliberation: This requirement has already been discussed at length, so we can keep this<br />

discussion short. An institution of public consultation is deliberative in the following sense: It<br />

encourages mutual understanding among the members of the general public, and it encourages<br />

crafting broadly acceptable political compromises (i.e., it promotes group depolarization). What<br />

deliberation is not expected to produce is consensus or unanimity.<br />

Balance: A mechanism of public consultation should be designed to facilitate the<br />

articulation of <strong>all</strong> views. This means that each view should be equ<strong>all</strong>y represented independently<br />

of its actual political weight. Balance is required to prevent deliberative groups from<br />

polarizing. 52<br />

10.8 Institutional Options<br />

Evaluating institutions of public participation presents a ch<strong>all</strong>enge. There have been some<br />

efforts in the literature to identify universal evaluative criteria, but these efforts have been<br />

hampered by a lack of attention for the administrative and legal context in which participatory<br />

initiatives take place. 53 These works have proposed both substantive and procedural criteria that<br />

would make a process of public participation effective, but since effectiveness can only be<br />

measured against a specific goal, and the goal is not always clearly defined, these criteria are of<br />

little help to our discussion. For this reason, the mechanisms of public consultation examined in<br />

the remainder of this section are evaluated largely against the constitutive attributes of an<br />

institution of public consultation as we envisage it in this report.<br />

The mechanisms of public consultation we discuss in the next two sections are the public<br />

hearing and the consensus conference. Other institutions of public consultation exist, including<br />

citizens’ panels, 54 citizens’ juries, 55 and focus groups. 56 We discuss only public hearings and<br />

consensus conferences for two main reasons. Public hearings remain by far the administrators’<br />

52<br />

53<br />

54<br />

55<br />

56<br />

A careful reader may point out that this and the first attribute are mutu<strong>all</strong>y exclusive. A closer examination<br />

shows that this is actu<strong>all</strong>y not the case. It is always possible, at least in principle, to assemble a representative<br />

sample of the general population in which each view is shared by an equal number of citizens.<br />

Gene Rowe and Lynn J. Frewer, "Public Participation Methods: A Framework for Evaluation," Science,<br />

Technology and Human Values 25, no. 1 (2000); Thomas Webler, " 'Right' Discourse in Citizen Participation:<br />

An Evaluative Yardstick," in Fairness and Competence in Citizen Participation: Evaluating Models for<br />

Environmental Discourse, ed. Ortwin Renn, Thomas Webler, and Peter Wiedemann (Dordrecht, the Netherlands:<br />

Kluwer Academic, 1995).<br />

John S. Applegate, "Beyond the Usual Suspects: The Use of Citizens Advisory Boards in Environmental<br />

Decisionmaking," Indiana Law Journal 73 (1998); Bradbury and Branch, "An Evaluation of the Effectiveness of<br />

Local Site-Specific Advisory Boards for U.S. Department of Energy Environmental Restoration Program.";<br />

Susan L. Santos and Caron Chess, "Evaluating Citizen Advisory Boards: The Importance of Theory and<br />

Participant-Based Criteria and Practical Implications," Risk Analysis 23, no. 2 (2003).<br />

David Dunkerley and Peter Glasner, "Empowering the Public? Citizens' Juries and the New Genetic<br />

Technologies," Critical Public Health 8, no. 3 (1998); Wendy Kenyon, Ceara Nevin, and Nick Hanley,<br />

"Enhancing Environmental Decision-Making Using Citizens’ Juries," Local Environment 8, no. 2 (2003); David<br />

Price, "Choices without Reasons: Citizens' Juries and Policy Evaluation," Journal of Medical Ethics 26 (2000).<br />

Gregor Dürrenberger, Hans Kastenholz, and Jeannette Behringer, "Integrated Assessment Focus Groups:<br />

Bridging the Gap between Science and Policy?," Science and Public Policy 26, no. 5 (1999).<br />

270

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