The idea that animals should have the right to vote sounds preposterous. Accordingly, most authors who have touched on the issue dismiss it in few words as obvi.

Children are among the few social groups that are systematically and universally disenfranchised. Although children are citizens worthy of equal moral treatment and rights, their right to vote is restricted in almost all states, and this is seen as legitimate by most democratic theories. What is particular about childhood that justifies the restriction of their right to vote? How can democratic systems legitimise the exclusion of a section of their citizenry? This article provides a critical analysis of the principles that (...) ground child disenfranchisement, and of the allocative mechanisms proposed for restricting the right to vote. It shows that most arguments in favour of child disenfranchisement are unsatisfactory, as they are inconsistently used to target the child population (but not other groups) or are incompatible with a commitment to equality. Among the principles for child disenfranchisement, only those that appeal to political incompetence may be valid for excluding children. Regarding the allocative method of exclusion, this article shows that age thresholds cannot be justified to restrict franchise, and that, while competence tests fare better in theory, there may be issues of implementation. The article contributes by providing a clear and systematic analysis of the core arguments in favour of child disenfranchisement, and the conditions that must be met to justify such a practice. (shrink)

Political theorists have long criticized policies that deny voting rights to convicted felons. However, some have recently turned to democratic theory to defend this practice, arguing that democratic self-determination justifies, or even requires, disenfranchising felons. I review these new arguments, acknowledge their force against existing criticism, and then offer a new critique of disenfranchisement that engages them on their own terms. Using democratic theory’s “all-subjected principle,” I argue that liberal democracies undermine their own legitimacy when they deny the vote to (...) felons and prisoners. I then show how this argument overcomes obstacles that cause problems for other critiques of disenfranchisement. (shrink)

In this paper, I offer a solution to the Capacity/Equality Puzzle. The puzzle holds that an account of the franchise may adequately capture at most two of the following: (1) a political equality-based account of the franchise, (2) a capacity-based account of disenfranchising children, and (3) universal adult enfranchisement. To resolve the puzzle, I provide a complex liberal egalitarian justification of a moral requirement to disenfranchise children. I show that disenfranchising children is permitted by both the proper political liberal and (...) the proper political egalitarian understandings of the relationship between cognitive capacity and the franchise. Further, I argue, disenfranchising children is required by a minimalistic, procedural principle of collective competence in political decision-making. At the same time, I show that political equality requires the enfranchisement of all adults, regardless of cognitive capacities, and that the collective competence principle does not ground adult disenfranchisement. This justifies the progressive legal trend that holds the capacity-based disenfranchisement of adults to be incompatible with liberal democratic principles. (shrink)

This paper intersects the literature on the democratic boundary problem with the literature on the constructivist turn in political representation to show that the boundary problem broadly construed involves a distinction between ‘the problem of inclusion’ (into pre-existing demoi and their decision-making procedures) and ‘the problem of constituting the demos’ (which involves criteria for partaking in constituent power). This distinction is consistently neglected by democratic theorists. However, it has serious implications for representative democracies because the standard answers to the boundary (...) problem – the all-affected-interests principle, the all-subjected principle, and the substantive-demos principle – do not apply to the problem of constituting the demos. A new principle aimed at the latter problem is here proposed: the constructivist-representative principle. In the end, it should be clear that ascertaining who should be entitled to participate in which democratic decision requires the adoption of different principles depending on the specific demos in question and on the type of decision-making procedure involved (e.g., constitution-making-or-changing, lawmaking, policymaking, etc.). (shrink)

Gideon Yaffe has recently argued that children should be subject to lower standards of criminal liability because, unlike adults, they ought to be disenfranchised. Because of their disenfranchisement, they lack the legal reasons enfranchised adults have to comply with the law. Here I critically consider Yaffe’s argument for such disenfranchisement, which holds that disenfranchisement balances children’s interest in self-government with adults’ interest in having an equal say over lawmaking. I argue that Yaffe does not succeed in showing that these two (...) values need to be balanced, nor that disenfranchising children is a justifiable method of achieving this balance. In my conclusion, I sketch an alternative contractualist approach to disenfranchising children that, like Yaffe’s, appeals to the implications that enfranchisement has for political relations among citizens, but unlike Yaffe’s, rests on empirical claims about the influence of parents on children’s voting patterns rather than on a priori claims regarding who has a rightful say over lawmaking. (shrink)

La inclusión de la población menor de edad en los procesos y decisiones políticas es fundamental para alcanzar una sociedad justa y equitativa. No obstante, existen desafíos que obstaculizan su participación activa y silencian su voz. Este artículo se propone analizar uno de estos retos: la actitud de superioridad de la población adulta, que puede entenderse como arrogancia epistémica. Para ilustrar este punto, se examina el caso de la segregación socioeconómica escolar en España, donde las medidas educativas se centran en (...) los intereses de la población adulta discriminada, pasando por alto la discriminación que también enfrenta el alumnado debido a su perfil socioeconómico. Para abordar este desafío, los modelos de democracia deliberativa surgen como posibles soluciones, siempre y cuando permitan la participación activa de la población menor de edad en la conceptualización y práctica de la participación política. La inclusión de la minoría de edad en estos modelos puede garantizar la participación de aquellos que están estructuralmente excluidos, brindándoles oportunidades para que sus voces sean escuchadas. Además, la democracia deliberativa puede ayudar a contrarrestar la arrogancia epistémica al fomentar la reconsideración de prejuicios y suposiciones falsas durante la interacción deliberativa. (shrink)

Most laypersons and political theorists endorse the claims that all adults should be enfranchised and all children should be disenfranchised. The first claim rejects epistocracy; the second...

In representative democracies, the absence of responsiveness by elected officials to the interests of the represented often generates problems of legitimacy, accountability and effectiveness. However, responsiveness also tends to narrow the time horizons of democratic decision-making and promote short-termism. This paper advances the notion that responsiveness to interests involving distant time horizons is possible by reconfiguring the franchise in a time-sensitive and future-oriented way. It is divided into two parts. The first pinpoints a few inconsistencies in the available proposals for (...) making responsiveness and the long term compatible (e.g., promoting youth turnout, narrowing the franchise to robust epistemic fitness, establishing future-oriented institutions). The second advances the creation of temporal electoral circles operating alongside territorial electoral circles in order to prompt responsiveness to multitemporal interests. The conclusion asserts that this kind of franchise design is the best available option for introducing temporal aspects into the character of democratic representation. (shrink)