Res Publica 19 (3):241-256 (2013)

Authors
Inigo Gonzalez-Ricoy
Universitat de Barcelona
Abstract
The paper makes a twofold contribution. Firstly, it advances a preliminary account of the conditions that need to obtain for constitutional rights to be democratic. Secondly, in so doing, it defends precommitment-based theories from a criticism raised by Jeremy Waldron—namely, that constitutional rights do not become any more democratic when they are democratically adopted, for the people could adopt undemocratic policies without such policies becoming democratic as a result. The paper shows that the reductio applies to political rights, yet not to non-political rights, such as reproductive, environmental, or privacy rights. The democratic status of the former is process-independent. The latter, by contrast, are democratic precisely when they are adopted by democratic means.
Keywords Constitutional rights  Democracy  Constitutional precommitments  Political and non-political rights  Jeremy Waldron  Bruce Ackerman  Ronald Dworkin
Categories (categorize this paper)
ISBN(s)
DOI 10.1007/s11158-013-9219-5
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

 PhilArchive page | Other versions
External links

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

Freedom of the Will and the Concept of a Person.Harry G. Frankfurt - 1971 - Journal of Philosophy 68 (1):5-20.
Law and Disagreement.Jeremy Waldron - 1998 - Oxford University Press.
Law and Disagreement.Arthur Ripstein & Jeremy Waldron - 2001 - Philosophical Review 110 (4):611.

View all 29 references / Add more references

Citations of this work BETA

Add more citations

Similar books and articles

Rights as Democracy.Richard Bellamy - 2012 - Critical Review of International Social and Political Philosophy 15 (4):449-471.
Democracy, Citizenship and the Bits in Between.Sarah Fine - 2014 - In Richard Bellamy & Madeleine Kennedy-Macfoy (eds.), Citizenship. Routledge. pp. 623-640.
Specifying Constitutional Rights.John Oberdiek - 2010 - Constitutional Commentary 271 (1).
Constitutional Environmental Rights.Tim Hayward - 2004 - Oxford University Press.
A Democratic Framework for Educational Rights.Anne Newman - 2012 - Educational Theory 62 (1):7-23.

Analytics

Added to PP index
2013-07-05

Total views
282 ( #26,515 of 2,340,325 )

Recent downloads (6 months)
21 ( #31,701 of 2,340,325 )

How can I increase my downloads?

Downloads

My notes