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  1. S. A. (2002). Democratic Legitimacy and the 2000 Election. Law and Philosophy 21 (2):197-220.
  2. Elizabeth Anderson (2008). An Epistemic Defense of Democracy: David Estlund's Democratic Authority. Episteme 5 (1):pp. 129-139.
    In Democratic Authority, David Estlund 2008 presents a major new defense of democracy, called epistemic proceduralism. The theory claims that democracy exercises legitimate authority in virtue of possessing a modest epistemic power: its decisions are the product of procedures that tend to produce just laws at a better than chance rate, and better than any other type of government that is justifiable within the terms of public reason. The balance Estlund strikes between epistemic and non-epistemic justifications of democracy is open (...)
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  3. Richard J. Arneson, The Supposed Right to a Democratic Say.
    Democratic instrumentalism is the combination of two ideas. One is instrumentalism regarding political arrangements: the form of government that ought to be instituted and sustained in a political society is the one the consequences of whose operation would be better than those of any feasible alternative. The second idea is the claim that under modern conditions democratic political institutions would be best according to the instrumentalist norm and ought to be established. “Democratic instrumentalism” is not a catchy political slogan apt (...)
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  4. Richard J. Arneson (2003). Defending the Purely Instrumental Account of Democratic Legitimacy. Journal of Political Philosophy 11 (1):122–132.
  5. Ricardo Blaug (2000). Citizenship and Political Judgment: Between Discourse Ethics and Phronesis. Res Publica 6 (2):179-198.
    Political judgment is notoriously hard to theorise, and in the recent debates surrounding Habermas's discourse ethics we encounter classic disagreements around the nature, operation and validity of such judgments. This paper evaluates Habermas's account of political judgment and explores the problems raised by his critics. It then focuses on the contentious role played by universals within his account. What emerges is a reformulated theory of judgment based on the thin universalism of fair deliberation, and a description of a sub-set of (...)
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  6. Peter Breiner (1989). Democratic Autonomy, Political Ethics, and Moral Luck. Political Theory 17 (4):550-574.
  7. Jason Brennan (2011). The Right to a Competent Electorate. Philosophical Quarterly 61 (245):700-724.
    The practice of unrestricted universal suffrage is unjust. Citizens have a right that any political power held over them should be exercised by competent people in a competent way. Universal suffrage violates this right. To satisfy this right, universal suffrage in most cases must be replaced by a moderate epistocracy, in which suffrage is restricted to citizens of sufficient political competence. Epistocracy itself seems to fall foul of the qualified acceptability requirement, that political power must be distributed in ways against (...)
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  8. Thom Brooks (2006). Ian Shapiro, The State of Democratic Theory:The State of Democratic Theory. Ethics 116 (2):442-444.
    Book review of Ian Shapiro - "The State of Democratic Theory".
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  9. H. G. Callaway (2008). Review of Schlesinger, War and the American Presidency. [REVIEW] Reason Papers 2008 (No. 30):121-128.
    This is a expository and critical review of Arthur Schlesinger, Jr. 's last book, War and the American Presidency. The book collects and focuses recent writings of Arthur Schlesinger on the themes of its title. In its short Foreword and seven concise essays, the book aims to explore, in some contrast with the genre of “instant history,” the relationship between President George W. Bush’s Iraq adventure and the national past. This aim and the present work are deserving of wide attention, (...)
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  10. Tom Campbell (2011). The Constitution of Equality: Democratic Authority and Its Limits. Australasian Journal of Philosophy 89 (1):169-171.
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  11. Emanuela Ceva (2012). Beyond Legitimacy. Can Proceduralism Say Anything Relevant About Justice? Critical Review of International Social and Political Philosophy 15 (2):183-200.
    Whilst legitimacy is often thought to concern the processes through which coercive decisions are made in society, justice has been standardly viewed as a ‘substantial’ matter concerning the moral justification of the terms of social cooperation. Accordingly, theorization about procedures may seem appropriate for the former but not for the latter. To defend proceduralism as a relevant approach to justice, I distinguish three questions: (1) Who is entitled to exercise coercive power? (2) On what terms should the participants to a (...)
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  12. Zsuzsanna Chappell (2008). Rational Choice and Democratic Deliberation: A Theory of Discourse Failure, by Guido Pincione and Fernando R. Tesón, 2006, XI + 258 Pages. [REVIEW] Economics and Philosophy 24 (1):105-111.
  13. Thomas Christiano (2009). Debate: Estlund on Democratic Authority. Journal of Political Philosophy 17 (2):228-240.
  14. Thomas Christiano (2006). Debate: Democracy's Authority: Reply to Wall. Journal of Political Philosophy 14 (1):101–110.
  15. Fred D'Agostino (2003). Review: Democratic Legitimacy: Plural Values and Political Power. [REVIEW] Mind 112 (447):499-502.
  16. John Dewey (1927/1991). The Public and its Problems. Swallow Press.
    In The Public and Its Problems, a classic of social and political philosophy, John Dewey exhibits his strong faith in the potential of human intelligence to solve the public's problems. In his characteristic provocative style, Dewey clarifies the meaning and implications of such concepts as "the public," "the state," "government," and "political democracy." He distinguishes his a posterior reasoning from a priori reasoning, which, he argues permeates less meaningful discussion of basic concepts. Dewey repeatedly demonstrates the interrelationships between fact and (...)
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  17. Ned Dobos (2007). Democratic Authorization and Civilian Immunity. Philosophical Forum 38 (1):81–88.
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  18. David Enoch, On Estlund's Democratic Authority.
    For a state to be legitimate is for it to be permissible for the state to issue and enforce its commands (mostly laws), and for this to be permissible “owing to the process by which they were produced” (2).1 For a state to have authority is for it to have the power to morally require or forbid actions through commands, or the power to create duties (2).2 It seems that a state’s being democratic—in somewhat like the way in which the (...)
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  19. Eva Erman (2005). Human Rights and Democracy: Discourse Theory and Human Rights Institutions. Ashgate.
    This volume explores the relationship between human rights and democracy within both the theoretical and empirical field.
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  20. David Estlund (2005). Democratic Theory. In Frank Jackson & Michael Smith (eds.), The Oxford Handbook of Contemporary Philosophy. Oxford University Press. 208--30.
  21. William A. Frank (2007). Authority and the Common Good in Democratic Governance. Review of Metaphysics 60 (4):813-832.
  22. James Franklin (2002). Immigration Vs Democracy. IPA Review 54 (2):29.
    Democracy has difficulties with the rights on non-voters (children, the mentally ill, foreigners etc). Democratic leaders have sometimes acted ethically, contrary to the wishes of voters, e.g. in accepting refugees as immigrants.
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  23. A. Boyce Gibson (1951). Nature and Convention in the Democratic State. Australasian Journal of Philosophy 29 (1):1 – 20.
  24. Holly Smith Goldman (1981). Two Concepts of Democracy. In Norman Bowie (ed.), Ethical Issues in Government. Temple University Press.
  25. James Hawthorne, Voting in Search of the Public Good: The Probabilistic Logic of Majority Judgments.
    I argue for an epistemic conception of voting, a conception on which the purpose of the ballot is at least in some cases to identify which of several policy proposals will best promote the public good. To support this view I first briefly investigate several notions of the kind of public good that public policy should promote. Then I examine the probability logic of voting as embodied in two very robust versions of the Condorcet Jury Theorem and some related results. (...)
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  26. David Hershenov, Two Epistemic Accounts of Democratic Legitimacy.
    Offered are two epistemic accounts of deliberative democracy which suggest the reasonable minority has epistemically sound reasons to willingly follow a reasonable majority position. One of these accounts suggests that the truth will be on the side of an overwhelming rational majority. This is because it is less likely that there is a widespread cognitive failure that “contaminates” the moral intuitions of rational majority than a rational minority. The second account suggests that where there is a rational disagreement, instead of (...)
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  27. Chad Kautzer (2007). Topographia Dominium: Property, Divided Sovereignty, and the Spaces of Rule. In Gary Backhaus & John Murungi (eds.), Colonial and Global Interfacings: Imperial Hegemonies and Democratizing Resistances,. Cambridge Scholars Publishing. 57-77.
  28. David Lefkowitz (2009). Review of Thomas Christiano, The Constitution of Equality: Democratic Authority and its Limits. [REVIEW] Notre Dame Philosophical Reviews 2009 (5).
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  29. David Lefkowitz (2005). A Contractualist Defense of Democratic Authority. Ratio Juris 18 (3):346-364.
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  30. Annabelle Lever, Democracy and Judicial Review: Are They Really Incompatible?
    This article shows that judicial review has a democratic justification even though judges may be no better at protecting rights than legislatures. That justification is procedural, not consequentialist: reflecting the ability of judicial review to express and protect citizen’s interests in political participation, political equality, political representation and political accountability. The point of judicial review is to symbolize and give expression to the authority of citizens over their governors, not to reflect the wisdom, trustworthiness or competence of judges and legislators. (...)
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  31. Annabelle Lever, Is Judicial Review Undemocratic?
    This paper examines Jeremy Waldron’s ‘core case’ against judicial review. Waldron’s arguments, it shows, exaggerate the importance of voting to our judgements about the legitimacy and democratic credentials of a society and its government. Moreover, Waldron is insufficiently sensitive to the ways that judicial review can provide a legitimate avenue of political activity for those seeking to rectify historic injustice. While judicial review is not necessary for democratic government, the paper concludes that Waldron is wrong to believe that it is (...)
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  32. Matthew Lister (2012). There is No Human Right to Democracy. But May We Promote It Anyway? Stanford Journal of International Law 48 (2):257.
    The idea of “promoting democracy” is one that goes in and out of favor. With the advent of the so-called “Arab Spring”, the idea of promoting democracy abroad has come up for discussion once again. Yet an important recent line of thinking about human rights, starting with John Rawls’s book The Law of Peoples, has held that there is no human right to democracy, and that nondemocratic states that respect human rights should be “beyond reproach” in the realm of international (...)
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  33. Simon Căbulea May (2012). Democratic Legitimacy, Legal Expressivism, and Religious Establishment. Critical Review of International Social and Political Philosophy 15 (2):219-238.
    I argue that some instances of constitutional religious establishment can be consistent with an expressivist interpretation of democratic legitimacy. Whether official religious endorsements disparage or exclude religious minorities depends on a number of contextual considerations, including the philosophical content of the religion in question, the attitudes of the majority, and the underlying purpose of the official status of the religious doctrine.
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  34. Simon Căbulea May (2009). Religious Democracy and the Liberal Principle of Legitimacy. Philosophy and Public Affairs 37 (2):136-170.
    I argue against Rawls's claim that the liberal principle of legitimacy would be selected in the original position in addition to a democratic principle. Since a religious democracy could satisfy the democratic principle, the parties in the original position would not exclude it as illegitimate.
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  35. José Jorge Mendoza (2011). Neither a State of Nature nor a State of Exception. Radical Philosophy Review 14 (2):187-195.
    Since at least the second half of the 19th century, the U.S. federal government has enjoyed “plenary power” over its immigration policy. Plenary power allows the federal government to regulate immigration free of judicial review and thereby, with regard to immigration cases, minimize the Constitutional protections afforded to non-citizens. The justification for granting the U.S federal government such broad powers comes from a certain understanding of sovereignty; one where limiting sovereign authority in cases like immigration could potentially undermine its legitimacy (...)
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  36. Davide Morselli & Stefano Passini (2011). New Perspectives on the Study of the Authority Relationship: Integrating Individual and Societal Level Research. Journal for the Theory of Social Behaviour 41 (3):291-307.
  37. Fabienne Peter, The Epistemic Circumstances of Democracy.
    Does political decision-making require experts or can a democracy be trusted to make correct decisions? This question has a long-standing tradition in political philosophy, going back at least to Plato’s Republic. Critics of democracy tend to argue that democracy cannot be trusted in this way while advocates tend to argue that it can. Both camps agree that it is the epistemic quality of the outcomes of political decision-making processes that underpins the legitimacy of political institutions. In recent political philosophy, epistemic (...)
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  38. Fabienne Peter (2008). Pure Epistemic Proceduralism. Episteme 5 (1):pp. 33-55.
    In this paper I defend a pure proceduralist conception of legitimacy that applies to epistemic democracy. This conception, which I call pure epistemic proceduralism, does not depend on procedure-independent standards for good outcomes and relies on a proceduralist epistemology. It identifies a democratic decision as legitimate if it is the outcome of a process that satisfies certain conditions of political and epistemic fairness. My argument starts with a rejection of instrumentalism – the view that political equality is only instrumentally valuable. (...)
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  39. Fabienne Peter (2007). The Political Egalitarian's Dilemma. Ethical Theory and Moral Practice 10 (4):373 - 387.
    Political egalitarianism is at the core of most normative conceptions of democratic legitimacy. It finds its minimal expression in the “one person one vote” formula. In the literature on deliberative democracy, political equality is typically interpreted in a more demanding sense, but different interpretations of what political equality requires can be identified. In this paper I shall argue that the attempt to specify political equality in deliberative democracy is affected by a dilemma. I shall illustrate the political egalitarian’s dilemma by (...)
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  40. Ricardo Restrepo (2013). Democratic Freedom of Expression. Open Journal of Philosophy 3 (3):380-390.
    This paper suggests the democratic direction in which the right of freedom of expression should be conceived and applied. In the first two sections it suggests some counter-examples to, and diagnoses of, the libertarian and liberal conceptions of freedom of expression, taking Scanlon (1972) and Scanlon (1979), respectively, to be their chief proponents. The paper suggests that these conceptions cannot take into account clear examples, like fraudulent propaganda, which should not be legal. The democratic conception takes it to heart that (...)
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  41. Ricardo Restrepo, Maria Helena Carbonell, Paúl Cisneros, Miguel Ruiz, John Antón, Antonio Salamanca & Natally Soria (eds.) (forthcoming). Pugna de poderes, crisis orgánica e independencia judicial. IAEN.
    This work, in English "Struggle for power, organic crisis and judicial independence", has its origin in research academics of the IAEN carried out to provide expert advise to the Inter American Court of Human Rights in the case Quintana and others (Supreme Court of Justice) vs the State of Ecuador. The research is about the nature of the evolution of the ecuadorian state, the dynamics of its institutions, its players, parties, laws, its factors of instability, the way rights have been (...)
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  42. Ben Saunders (2009). The Constitution of Equality: Democratic Authority and its Limits – Thomas Christiano. Philosophical Quarterly 59 (236):566-568.
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  43. Lucinda Vandervort (1979). Political Control of Independent Administrative Agencies. Law Reform Commission of Canada, 190 pages.
    This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and extensive (...)
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  44. Jonathan Waskan (1998). De Facto Legitimacy and Popular Will. Social Theory and Practice 24 (1):25-56.
  45. Steven L. Winter (2011). Reimagining Democratic Theory for Social Individuals. Zygon 46 (1):224-245.
    Abstract. The Western conception of the individual as a rational, self-directing agent is a mythology that organizes and distorts religion, science, economics, and politics. It produces an abstracted and atomized form of engagement that is fatal to collective self-governance. And it turns democracy into the enemy of equality. Considering the meaning of democracy and autonomy from a perspective that takes the subject as truly social would refocus our attention on the constitutive contexts and practices necessary for the production of citizens (...)
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