S1 E10 The Icelandic Constitutional Council of 2014 with Jon Olafsson and Eirikur Bergman

(See transcript for the entire introduction)

Welcome back to the Peaceful Political Revolution in American Podcast.

Iceland has a really interesting history. You may know a bit about its scenic wonders if you ever watched Game of Thrones, but its political history is no less amazing. Iceland used to be part of Denmark, but in 1849, things began to change.

In the 19th century, the Icelandic independence movement from Denmark was gaining momentum, while nationalism and demands for increased civil rights intensified in mainland Europe. In June 1849, the king of Denmark was forced to meet the demands of the liberals and the nationalists, and agreed to a constitution for Denmark and thus also with Iceland. This constitution ended the absolute monarchy and created a constitutional monarchy in which power over the most important issues was handed over to a parliament elected by the people. That was step one on the pathway to democracy and independence for Iceland.

However, this change was not well-received by Icelanders, as it in reality translated to reduced autonomy for Iceland. Before 1849, Icelanders had officially ruled themselves as they happened to see fit in domestic matters. But now those matters were falling under the control of parliaments over which Icelanders had no influence. The Danes were reluctant to meet the demands of the Icelanders for self-government as set forth during the National Assembly of 1851, in the belief that it would weaken Denmark's control in government. But when the said region was annexed by Prussia in 1867, new conditions were created, and "the laws of standing" were passed in 1871, which determined the standing of Iceland in relation to the Danish state. In 1874, on the millennial anniversary of the settlement in Iceland, Christian IX became king of Denmark and attended the festivities of the watershed occasion. This opportunity was used to give Iceland its own separate constitution, and this constitution is the basis of Iceland's current constitution.

With the relationship law of 1918, Iceland became a sovereign state and in 1920 the country received a new constitution to reflect this large change.  An election was run in May of the same year and had a turnout of 98%.  97% voted to break off the current relationship law with Denmark and 95% approved a constitutional republic. On June 17, 1944, the Althing met at Þingvellir, where the constitution was ratified and the republic established.

It has been amended seven times since then, mostly due to changes in the structure of the constituencies of Iceland and the conditions of voting eligibility. In 1991 the organization of Althing changed from a bicameral legislature to a unicameral legislature. Extensive modifications were made in 1995 when the human rights section of the constitution was reviewed.

Fast forward to the global financial crisis of 2008.

continued...

Transcript

Welcome back to the Peaceful Political Revolution in American Podcast.

Iceland has a really interesting history. You may know a bit about its scenic wonders if you ever watched Game of Thrones, but its political history is no less amazing. Iceland used to be part of Denmark, but in 1849, things began to change.

In the 19th century, the Icelandic independence movement from Denmark was gaining momentum, while nationalism and demands for increased civil rights intensified in mainland Europe. In June 1849, the king of Denmark was forced to meet the demands of the liberals and the nationalists, and agreed to a constitution for Denmark and thus also with Iceland. This constitution ended the absolute monarchy and created a constitutional monarchy in which power over the most important issues was handed over to a parliament elected by the people. That was step one on the pathway to democracy and independence for Iceland.

However, this change was not well-received by Icelanders, as it in reality translated to reduced autonomy for Iceland. Before 1849, Icelanders had officially ruled themselves as they happened to see fit in domestic matters. But now those matters were falling under the control of parliaments over which Icelanders had no influence. The Danes were reluctant to meet the demands of Icelanders for self-government as set forth during the National Assembly of 1851, in the belief that it would weaken Denmark's control in government. But when the said region was annexed by Prussia in 1867, new conditions were created and stöðulögin ("the laws of standing") were passed in 1871, which determined the standing of Iceland in relation to the Danish state. In 1874, on the millennial anniversary of the settlement in Iceland, Christian IX became king of Denmark and attended the festivities of the watershed occasion. This opportunity was used to give Iceland its own separate constitution. This constitution was called Stjórnarskrá um hin sérstaklegu málefni Íslands and was the basis of Iceland's current constitution.

With the sambandslögin ("relationship law") of 1918, Iceland became a sovereign state and in 1920 the country received a new constitution to reflect this large change. This constitution was called Stjórnarskrá konungsríkisins Íslands. In early 1944 the Althing approved the cancellation of the sambandslögin and agreed to a new constitution, in addition to proclaiming a referendum to both. An election was run in May of the same year and had a turnout of 98%. 97% voted to break off the current relationship law with Denmark and 95% approved a constitutional republic. On June 17, 1944, the Althing met at Þingvellir, where the constitution was ratified and the republic established.

It has been amended seven times, mostly due to changes in the structure of the constituencies of Iceland and the conditions of voting eligibility. In 1991 the organization of Althing changed from a bicameral legislature to a unicameral legislature. Extensive modifications were made in 1995 when the human rights sections of the constitution were reviewed.

Fast forward to the global financial crisis of 2008.

The financial crisis in America of 2008 was years in the making and it was not limited to Wall Street. By the summer of 2007, financial markets around the world were showing signs of wear and tear. The reckoning was underway in Iceland as well.

The Icelandic financial crisis was a major economic and political event in Iceland that involved the default of all three of the country's major privately owned commercial banks in late 2008, following their difficulties in refinancing their short-term debt and a run on deposits in the Netherlands and the United Kingdom. Relative to the size of its economy, Iceland's systemic banking collapse was the largest experienced by any country in economic history.[1] The crisis led to a severe economic slump in 2008–2010 and significant political unrest.[2][3]

The financial collapse and the ruin that followed resulted in what is commonly referred to as the Pots and Pans Revolution. It began in 2008 and was organized by several people, one of the more prominent organizers then was singer-songwriter Hudor Torfson.

 The 2009–2011 Icelandic financial crisis protests, also referred to as the Kitchenware, Kitchen Implement or Pots and Pans Revolution[1][2] (Icelandic: Búsáhaldabyltingin), occurred in the wake of the Icelandic financial crisis. There had been regular and growing protests since October 2008 against the Icelandic government's handling of the financial crisis. The protests intensified on 20 January 2009 with thousands of people protesting at the parliament (Althing) in Reykjavík.[3][4][5] These were at the time the largest protests in Icelandic history.

"Helvitis fokking fokk", or as translated by my guest today, Eirikur Bergman, "God Damn, Fucking Fuck", became the rallying call of the Icelandic revolution. People were fed up with the abuses of the bankers. They had gone too far, and Icelandic people wanted change. They had lost their jobs, their savings, and in some cases even their homes. 

Protesters were calling for the resignation of government officials and for new elections to be held.[7] The protests stopped for the most part with the resignation of the old government led by the right-wing Independence Party.[8] A new left-wing government was formed after elections in late April 2009. It was supportive of the protestors and initiated a reform process that included the judicial prosecution before the Landsdómur of the former Prime Minister Geir Haarde.

Several referenda were held to ask the citizens about whether to pay the Icesave debt of their banks. From a complex and unique process, 25 common people, of no political party, were to be elected to form an Icelandic Constitutional Assembly that would write a new Constitution of Iceland. After some legal problems, a Constitutional Council, which included those people, presented a Constitution Draft to the Iceland Parliament on 29 July 2011. My two guests today were both elected to the Constitutional Council, and are here today to give us their view of how things went and why.  

Eirikur Bergmann, Dr. Eirikur Bergmann is Professor of Politics at Bifrost University in Iceland. Author of twelve academic books and numerous journal articles he writes mainly on Nationalism, Populism, Conspiracy Theories, European Integration, Icelandic Politics, and on Participatory Democracy. Bergmann is also the author of three novels published in Icelandic. In an interview in The Guardian,  Eirikur said that "While Barack Obama was being sworn into office on Capitol Hill yesterday, the people of Iceland were starting the first revolution in the history of the republic. The word "revolution" might sound a bit of an overstatement, but given the calm temperament that usually prevails in Icelandic politics, the unfolding events represent, at the very least, a revolution in political activism."

Jon Olafsson is a professor of Cultural Studies at the University of Iceland. His research interests combine cultural theory and political philosophy and his most recent papers deal with political culture, including dissent and protest action. He is also a member of the Comparative Cultural Studies Department at the University of Iceland had been studying Iceland’s social justice movements and their relationship to democracy and state power.  "If we go back to 2008-2009 we can see that the movements created in the wake of the financial crisis had organizers rather than leaders. They were leaderless in the sense that one cannot characterize them by any particular leader—some charismatic figure with demands or slogans. But the movements created the environment that made it possible for some new leaders to emerge. The crisis meant that the general public was receptive to much more radical ideas and demands than had been the case before. So the social movements served as a channel into politics for people who were able to go for it, as “ordinary” politicians stood by. This is why the situation was truly revolutionary."

Eirikur, Jon, welcome to the Peaceful Political Revolution in American Podcast! I certainly wish it were under better circumstances globally. Parallels to Ukraine's independence and move towards democracy.

Ukraine's independence from Russia. 

"Until 8 June 1995, Ukraine's supreme law was the Constitution (Fundamental Law) of the Ukrainian SSR (adopted in 1978, with numerous later amendments). On 8 June 1995, President Leonid Kuchma and Speaker Oleksandr Moroz (acting on behalf of the parliament) signed the Constitutional Agreement for the period until a new constitution could be drafted. 

The first constitution since independence was adopted during an overnight parliamentary session after almost 24 hours of debate of 27–28 June 1996, unofficially known as "the constitutional night of 1996." The Law No. 254/96-BP ratifying the constitution, nullifying previous constitutions, and the Agreement was ceremonially signed and promulgated in mid-July 1996. According to a ruling of the Constitutional Court of Ukraine, the constitution took force at the moment when the results of the parliamentary vote were announced on 28 June 1996 at approx. 9 a.m. Kyiv Time.

Ukraine was the last of the post-Soviet states to adopt its own constitution.[1] On Constitution Day 2018, President Petro Poroshenko remarked that the 1710 Constitution of Pylyp Orlyk is the predecessor of Ukraine's current constitution.[4] 

On 7 February 2019, the Verkhovna Rada voted to amend the constitution to state Ukraine's strategic objectives as joining the European Union and NATO.[5]"  https://en.wikipedia.org/wiki/Constitution_of_Ukraine

Introduction

Iceland's Constitutional History

The Financial Meltdown 2008-9

Fishing quotas and natural resources. (Like hunting and fishing amendment to state charters?)

The Pots and Pans Revolution. 

Prime Minister Geir Haarde ousted. 

The Constitutional Assembly and Council.

Crowdsourcing.

Why was the process so chaotic? Votes, Ballots, the role of the courts.
Accomplishments, failures.

If Iceland had it to do over.

The role of populist movements in political changes. 

Occupy and systemic change.
America's colonial era Constitution, your thoughts?

When do constitutional reforms become necessary? 

Matt Q. on "deliberative listening"

Has Bernie's message been strong enough? 

How do democracies control the unjust and unequal immoral distribution of excessive wealth?

Thomas Paine, Frankin, Marx, Justice and Equality democracy and representation, and how to control the minority of the few. Wealth goes back to the society from which it came.

American Oligarchy vs Russian Oligarchs?

Lessons for America. How can America establish a better more democratic political system.

Outro

Wow yeah. That’s what I’m talking about because they’re again, the banks, the division of wealth really. It all comes down to exactly what Thomas Paine was talking about 230 years ago. His vision of a democratic society was that there would be some form of equality in the society. Well, you can’t have equality when you have a minority of people making thousands and thousands of times more money for their work, or their ideas, or their innovation, or for just being in a position of rank and privilege, than the vast majority of citizens. That disparity of wealth in every society is not only immoral, but it is a form of tyranny. Corporate tyranny is perhaps tyranny of an oligarchy that persists behind a veil of consumerism, capitalism, or some form of communism perhaps. How do societies organize to justly control that power and wealth?

Iceland has been trying to address some of these issues for quite a long time now but they haven’t succeeded yet, but I know they will.  Ultimately all nations will have to strengthen and improve and develop their political and economic systems. They are going to have to transition from capitalism to something that serves the vast majority of human beings. Everyone really. We cannot afford to have poverty or any form of repression on this planet anymore. That’s a very different paradigm, but that’s the situation we are in these days. We are literally facing a global confrontation between autocracy and democracy. Is our democracy strong enough, effective enough? Does our political system represent the vast majority of people? If not, should it and how would we change it?  Do political systems around the world serve the vast majority of humanity? If not, might that be important enough to think about changing? Political engineering should be at least as important to everyone as automotive engineering.  If we can create democracies that do that then I think we stand a chance of defeating autocracies. If we can do that the voice of the majority can be heard, but right now that voice is being stifled, even in the United States. That has to change, and we’ll talk more about how that might happen in the next episode with Tom Ginsburg. He was looking in from the outside of the constitutional convention in Iceland and has a few things to add to the amazing story of the Icelandic constitutional moment.