Rights, Republicanism and Democracy

In Andreas Niederberger & Philipp Schink (eds.), Republican Democracy: Liberty, Law and Politics. Edinburgh University Press (2013)
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Abstract

This chapter examines the role of law and rights for democracy in the context of republicanism. It considers the neo-republican defense of judicial review and its attempt to secure individual rights, along with the ‘adjudication’ of political and social conflicts in courts, civic equality and the political struggle among citizens as an essential component of republican democracy. It highlights the link between the very nature of a rights claim and a democratic process that ensures political equality and relates this democratic argument for rights to the republican notion of liberty as nondomination. The chapter also discusses liberalism, rights and freedom as non-interference and concludes by arguing that the association of rights and democracy must be actualised within a real democratic process characterised by one person one vote, majority rule and regular elections between rival political parties.

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Citations of this work

Surveillance, Freedom and the Republic.J. Matthew Hoye & Jeffrey Monaghan - 2018 - European Journal of Political Theory 17 (3):343-363.
A Neo-Republican Theory of Just State Surveillance.Patrick Taylor Smith - 2020 - Moral Philosophy and Politics 7 (1):49-71.
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How Political is Republicanism? Walking the Fine Line Between Moralism and Realism.Dorothea Gädeke - 2022 - Critical Review of International Social and Political Philosophy 25 (4):604-615.

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