Opponents of compulsory voting often allege that it violates a ‘right not to vote’. This paper seeks to clarify and defend such a right against its critics. First, I propose that this right must be understood as a Hohfeldian claim against being compelled to vote, rather than as a mere privilege to abstain. So construed, the right not to vote is compatible with a duty to vote, so arguments for a duty to vote do not refute the existence of such (...) a right. The right against compulsion is most easily defended within a liberal framework, hence its critics often appeal instead to a republican conception of freedom. In the latter part of the paper, I argue that even these republican arguments are inconclusive. Even non-dominating interference still conditions freedom, which may require justification. Further, citizens can live up to republican ideals, so long as they are vigilant; they need not actually vote. Thus, republican arguments fail to refute a right not to vote. (shrink)

The All-Affected Principle has an important status in recent theoretical discussions on democracy. According to the principle, all who are affected by a decision should have a right to participate into making it. The principle is supposed to ground the right or optimal boundaries of democratic decision-making units. This paper is basically a critique of the principle. In the first parts of the paper, the All-Affected Principle is distinguished from some related principles. However, even a more precise version of the (...) principle is still troubled by ambiguities. It is argued that Robert Goodin’s expansive reading is the only coherent one. However, if it is accepted, the principle cannot be used for its original purpose. The last parts focus on some largely unexamined aspects of the principle. First, the principle also works as a means of exclusion, not only of inclusion. Second, if, as the principle says, participation rights are based on interests, it is by no means obvious that these rights should be equal. Third, the principle cannot provide us with a non-institutional starting point. Nevertheless, a much weaker form of the principle may be plausible. (shrink)