An Account of the Democratic Status of Constitutional Rights

Res Publica 19 (3):241-256 (2013)
Download Edit this record How to cite View on PhilPapers
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.
Categories
(categorize this paper)
ISBN(s)
PhilPapers/Archive ID
GONAAO
Upload history
First archival date: 2016-02-27
Latest version: 2 (2016-03-03)
View other versions
Added to PP index
2013-07-05

Total views
293 ( #16,905 of 53,707 )

Recent downloads (6 months)
28 ( #23,929 of 53,707 )

How can I increase my downloads?

Downloads since first upload
This graph includes both downloads from PhilArchive and clicks on external links on PhilPapers.