An Account of the Democratic Status of Constitutional Rights

Res Publica 19 (3):241-256 (2013)
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)
DOI 10.1007/s11158-013-9219-5
Options
 Save to my reading list
Follow the author(s)
Edit this record
My bibliography
Export citation
Find it on Scholar
Mark as duplicate
Request removal from index
Revision history
Download options
Our Archive
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.
Sour Grapes: Studies in the Subversion of Rationality.Jon Elster - 1983 - Editions De La Maison des Sciences De L'Homme.
The Constitution of Liberty.Friedrich A. Hayek - 1961 - Philosophical Review 70 (3):433-434.

View all 18 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.
Added to PP index
2013-07-05

Total downloads
165 ( #32,555 of 2,231,601 )

Recent downloads (6 months)
29 ( #14,771 of 2,231,601 )

How can I increase my downloads?

Monthly downloads
My notes
Sign in to use this feature