The relationship between democracy and constitutions is a long and fractious one. Those who lean towards the constitutionalist side have tended to perceive democracy as a threat to political order and the preservation of important values, whereas those who take a more democratist stance tend to treat constitutions as elite hindrances to popular rule as much as anything else. In this paper, we will give the constitutionalist thesis a broader theoretical and political scrutiny. By way of explanation, we will address (...) and recommend the possibilities and problems for putting into practical operation such an anti-constitutionalist stance; the recent experience of the U.S. State of California offers itself as a good forcing-ground for these ideas. In short, from a democratic standpoint, the challenge for the citizenry is not so much about defining the values of constitutions, but constitutions whose change is outside the scope of popular decision making, supposed to exclusively take place through judicial interpretation or through an amendment formula designed precisely to make change difficult and unlikely. Too often, constitutions place checks and limits on democratic participation in the name of some other set of vaunted truths or elite-favouring values. For the strong democrat, it is formal constitutions and their institutional paraphernalia that do more to inhibit and dull democracy's emancipatory potential than to nurture and fulfil it. (shrink)

Populism is widely thought to be in tension with liberal democracy. This article clarifies what exactly is problematic about populism from a liberal–democratic point of view and goes on to develop...

Populism is widely thought to be in tension with liberal democracy. This article clarifies what exactly is problematic about populism from a liberal–democratic point of view and goes on to develop normative standards that allow us to distinguish between more and less legitimate forms of populism. The point of this exercise is not to dismiss populism in toto; the article strives for a more subtle result, namely, to show that liberal democracy can accommodate populism provided that the latter conforms to (...) particular discursive norms. What the article calls a ‘liberal ethics of populism’ turns out to be closely bound up with a broader ethics of peoplehood, understood as a way of articulating who ‘the people’ are in a way that is compatible with liberal–democratic principles of political justification. Such an ethics, concludes the article, inevitably has a much wider audience than populist political actors: its addressees are all those who seek legitimately to exercise power in the name of the people. (shrink)

This article considers how reconciliation might be understood as a democratic undertaking. It does so by examining the implications of the debate between theorists of ‘deliberative’ and ‘agonistic’ democracy for the practice of democracy in divided societies. I argue that, in taking consensus as a regulative idea, deliberative democracy tends to conflate moral and political community thereby representing conflict as already communal. In contrast, an agonistic theory of democracy provides a critical perspective from which to discern what is at stake (...) in the politics of reconciliation since it understands community as a contingent achievement of political action. As such, an agonistic account of democracy suggests the possibility of retrieving the concept of reconciliation from a statesanctioned project of nation-building for a democratic politics centred on the possibilities of self-determination and solidarity among citizens divided by a history of state violence. Key Words: agonism • deliberation • democracy • reconciliation • transitional justice. (shrink)