This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

Today the question of the moral foundations of democracy is more important then ever. In this book the author helps to explain when and why democracy is important and also gives us guidance as to how democracies ought to be shaped.

When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by (...) showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government. (shrink)

It is now widely accepted as an ideal that democracy should be as deliberative as possible. Democracy should not involve a tussle between different interest groups or lobbies in which the numbers matter more than the arguments. And it should not be a system in which the only arguments that matter are those that voters conduct in an attempt to determine where their private or sectional advantage lies. Democracy, it is said, should promote public deliberation among citizens and authorities as (...) to what does best for the society as a whole and should elicit decision-making on that basis. But the ideal of deliberative democracy has two components—the deliberative and the democratic—and often they pull apart. In this paper I look in the first section at a series of problems that arise on the deliberative front, arguing that their resolution requires various degrees of depoliticization. And then I ask in the second whether the depoliticizing responses that those problems require are antithetical to the ideal of democracy. I argue that they are not in tension with the ideal, if that ideal is cast in the relatively revisionary, two-dimensional form that I favour. (shrink)

Democracy is prone to what may be called presentism – a bias in the laws in favor of present over future generations. I identify the characteristics of democracies that lead to presentism, and examine the reasons that make it a serious problem. Then I consider why conventional theories are not adequate to deal with it, and develop a more satisfactory alternative approach, which I call democratic trusteeship. Present generations can represent future generations by acting as trustees of the democratic process. (...) The general principle is that present generations should act to protect the democratic process itself over time. They should try to make sure that future citizens continue to have competent control over their collective decision‐making. (shrink)

In this book, he argues that the purpose of democracy should be to promote justice - we need not just democracy (in the sense of unqualified democracy) but a just democracy. Machiavelli and Rawls must be brought together.

The aim of this paper is to consider whether some seats in a democratically elected legislative assembly ought to be reserved for representatives of future generations. In order to examine this question, I will propose a new democratic model for representing posterity. It is argued that this model has several advantages compared with a model for the democratic representation of future people previously suggested by Andrew Dobson. Nevertheless, the democratic model that I propose confronts at least two difficult problems. First, (...) it faces insoluble problems of representative legitimacy. Second, one might question whether this model provides a reasonably effective way to represent future interests compared with existing representative democratic institutions. Despite such problems, it is argued that political representation of posterity can be defended on the basis of fundamental ideas and ideals in recent theory of deliberative democracy. The first reason for this is that in a number of cases democratic decisions cannot be regarded as normatively legitimate from the point of view of deliberative democracy, unless posterity is given a voice. The second reason is that representation of posterity can contribute to more rational and impartial deliberations and decisions in legislative assemblies. (shrink)

Affirmative Action is becoming the most controversial social issue of our day. In this essay I examine nine arguments on the moral status of Affirmative Action. I distinguish between weak Affirmative Action, which seeks to provide fair opportunity to all citizens from strong Affirmative Action, which enjoins preferential treatment to groups who have been underrepresented in social positions. I conclude that while weak Affirmative Action is morally required, strong Affirmative Action is morally wrong.

Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes a commitment to (...) both intrinsically valuable democratic procedures and democratic outcomes. In instances in which there is a conflict between these two commitments, I suggest they must be balanced. This balancing approach offers a justification of judicial review on the grounds that it potentially limits outcomes that undermine democracy. But judicial review is not justifiable in any instance in which a bad democratic outcome results from democratic procedures. When the loss that would result from overturning a democratic procedure is greater than the gain to democracy that would result from ensuring against an undemocratic outcome; judicial review is not justifiable. Loss or gain to democracy is defined by the negative or positive impact of each action on the core democratic values of equality and autonomy, aspects of the democratic ideal. Even when judicial review is justified, the fact that it overturns intrinsically valuable procedures suggests that such review is never ideal from the standpoint of democracy. (shrink)