David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Political Theory 35 (5):624 - 658 (2007)
In political theory it goes without saying that the constitution of government raises a claim for legitimacy. With the constitution of the people, however, it is different. It is often dismissed as a historical question. The conviction is that since the people cannot decide on its own composition the boundaries of democracy must be determined by other factors, such as the contingent forces of history. This article critically assesses this view. It argues that like the constitution of government, the constitution of the people raises a claim for legitimacy. The failure to see this is what makes many theorists run into the arms of history. They submit the legitimacy of the people to the arbitrary and asymmetrical forces of the present.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Alex Schwartz (2015). Authority, Nationality, and Minorities. Ratio Juris 28 (3):354-371.
Similar books and articles
Víctor M. Muñiz-Fraticelli (2009). The Problem of a Perpetual Constitution. In Axel Gosseries & Lukas H. Meyer (eds.), Intergenerational Justice. OUP Oxford
Jon Garthoff (2010). Legitimacy is Not Authority. Law and Philosophy 29 (6):669-694.
A. Arato (2010). Democratic Constitution-Making and Unfreezing the Turkish Process. Philosophy and Social Criticism 36 (3-4):473-487.
A. Buchanan (2011). Reciprocal Legitimation: Reframing the Problem of International Legitimacy. Politics, Philosophy and Economics 10 (1):5-19.
Fabienne Peter, Political Legitimacy. Stanford Encyclopedia of Philosophy.
Jiafeng Zhu (2012). Legitimacy as a Mere Moral Power? A Response to Applbaum. Diametros 33 (33):120-137.
Adele Santana (2012). Three Elements of Stakeholder Legitimacy. Journal of Business Ethics 105 (2):257-265.
Austin W. Bramwell (2004). Against Originalism: Getting Over the U. S. Constitution. Critical Review 16 (4):431-453.
Dean J. Machin (2012). Political Legitimacy, the Egalitarian Challenge, and Democracy. Journal of Applied Philosophy 29 (2):101-117.
M. Coakley (2011). On the Value of Political Legitimacy. Politics, Philosophy and Economics 10 (4):345-369.
Arash Abizadeh (2012). On the Demos and its Kin: Nationalism, Democracy, and the Boundary Problem. American Political Science Review 106 (4):867-882.
Bas van der Vossen (2008). On Legitimacy and Authority: A Response to Krehoff. Res Publica 14 (4):299-302.
Added to index2011-05-29
Total downloads22 ( #170,747 of 1,796,319 )
Recent downloads (6 months)8 ( #97,741 of 1,796,319 )
How can I increase my downloads?