"Von Hayek’s insistence that representative democracy must be restrained so that democracy can be protected from its own worst tendencies arguably placed much too much faith in the spontaneous freedoms allegedly generated by markets. It supposed rather too readily that constitutional mechanisms could be relied upon to have self-restraining effects upon the power and scope of government. There is as well the suspicion that ‘demarchy’ would in practice quickly degenerate into a species of state authoritarianism. Von Hayek was fond of proposing (see ibid., p. 113) a bicameral system of government regulated principally by an assembly charged with the task of defining and protecting the constitutional framework. The assembly members would comprise men and women aged between 45 and 60, elected as representatives for a fifteen-year term by voters who cast their ballots for a representative of their choice only once in their lives, in the calendar year in which they reached the age of 45. Quite aside from numerous technical objections to the whole proposal for an assembly that resembled a senate of the wise, Von Hayek never made clear exactly how public support could freely be won for constitutional rule by an elite based on such a restricted franchise. These and other criticisms of his attack on democracy have been well developed by others elsewhere. Here, the fundamental objection to von Hayek’s reasoning is quite different, and more elementary. It is an empirical objection: that von Hayek failed to spot the growth of monitory democracy, with its scores of new non-market and extra-constitutional mechanisms designed to monitor and make publicly accountable exercises of power, not only in the field of domestic and cross-border government but also in the local, regional and global fields of markets and other civil society institutions."