When, if at all, can a federal political order expel a member state against its will? In political theory, expulsion has—unlike the scenario of secession as voluntary separation—so far received no...

The denial of voting rights to certain types of persons continues to be a moral problem of practical significance. The disenfranchisement of persons with mental impairments, minors, noncitizen residents, nonresident citizens, and criminal offenders is a matter of controversy. This book makes a contribution to this largely neglected yet key topic.

Legal statutes prohibiting felons from voting result in nearly 4 million Americans, disproportionately African-American and male, being unable to vote. These felony disenfranchisement (FD) statutes have a long history and apparently enjoy broad public support. Here I argue that despite the popularity and extensive history of these laws, denying felons the right to vote is an unjust form of punishment in a democratic state. FD serves none of the recognized purposes of punishment and may even exacerbate crime. My strategy is (...) not to argue for this conclusion directly. Rather, I consider seven arguments for the moral legitimacy of FD, each of which will be found lacking. My emphasis falls not on the legal or constitutional questions associated with FD, but with its moral justification within a broadly liberal political framework. These arguments draw upon a variety of philosophical outlooks; three justify FD by appealing to justice or desert, three others justify FD based on its allegedly beneficial social consequences, and a final argument is a hybrid of both sorts of considerations. Not only do all these arguments fail, but eliminating FD could have salutary effects on our present climate of political discourse. -/- . (shrink)

This paper critically engages the legal and political framework for responding to democracy and rule of law backsliding in the EU. I develop a new and original critique of Article 7 TEU based on it being democratically illegitimate and normatively incoherent qua itself in conflict with EU fundamental values. Other more incremental and scaleable responses are desirable, and the paper moves on to assess the legitimacy of economic sanctions such as tying access to EU funds to performance on democratic and (...) rule of law indicators or imposing fines on backsliding states. I hold such sanctions to be a priori legitimate, and argue that in some cases economic sanctions are even normatively required, given that EU material support of backsliding member states can amount to material complicity in their backsliding. However, an economic conditionality mechanism would need to be designed to minimize unjust and counterproductive effects. One way to pursue this could be to complement sanctions against the backsliding government with investment for prodemocratic actors in that state. (shrink)

Citizenship and residency are basic conditions for political inclusion in a democracy. However, if democracy is premised on the inclusion of everyone subject to collectively binding decisions, the relevance of either citizenship or residency for recognition as a member of the polity is uncertain. The aim of this paper is to specify the conditions for being subject to collective decisions in the sense relevant to democratic theory. Three conceptions of what it means to be subject to collectively binding decisions are (...) identified and examined, referring to those subject to legal duties and legal powers or to those subject to legal duties and state institutions. The contrast between them is most clearly illustrated in relation to non-residents, those not present in the territory of the state. The extraterritorial dimension of the law thus highlights a fundamental ambiguity in the theory of democracy concerning the extension of political rights. (shrink)

This paper considers the justifiability of removing the right to vote from those convicted of crimes. Firstly, I consider the claim that the removal of the right to vote from prisoners is necessary as a practical matter to protect the democratic process from those who have shown themselves to be untrustworthy. Secondly, I look at the claim that offenders have broken the social contract and forfeited rights to participate in making law. And thirdly, I look at the claim that the (...) voting ban is essential part of the justified punishment of serious offenders. These arguments have in common the feature that they attempt to articulate the sense in which rights imply responsibilities, particularly that voting rights should be conditional on one’s having met one’s civic responsibilities. I argue that the only interpretation of this view that could justify prisoner disenfranchisement is that which thinks of disenfranchisement as fair and deserved retributive punishment for crime. Against widespread opposition to, and confusion about, the importance of retributive punishment, I offer a brief defence. However, I conclude that even if legitimate retributive purposes could in principle justify prisoner disenfranchisement, the significance of disenfranchisement is such that it should be reserved for the most serious crimes. (shrink)