Flanagan, Brian (2024) A Dilemma for Proceduralist Theories of Democracy: Elected Delegates or Elected Monarchs? The American Journal of Jurisprudence, 69 (3). pp. 205-216. ISSN 0065-8995
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Abstract
Emphasizing the intrinsic value of formal political equality, a prominent strand of democratic theory—proceduralism—sharply disassociates democracy from substantive justice. This paper elucidates a resultant dilemma: that proceduralism is either underinclusive in its exclusion of robust forms of representative democracy or overinclusive in its inclusion of elective dictatorship. I show how the horns of this dilemma respectively derive from different conceptions of political equality: the standard view, which foregrounds the choice of legislative text itself, and an alternative view, drawn from Robert Dahl’s model of “procedural democracy,” which privileges the choice of procedure by which to resolve disagreement over the choice of text. Conceiving of democracy in terms of political equality alone leads to a rigid characterization of the elected legislature either as an institution whose structure is entirely open or as a mechanism for enacting citizens’ wishes that denies legislators their intuitive input.
Item Type: | Article |
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Keywords: | Burke; Dahl; Democratic Theory; Political Equality; Proceduralism; Representation; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 19995 |
Identification Number: | 10.1093/ajj/auae018 |
Depositing User: | Brian Flanagan |
Date Deposited: | 16 Jun 2025 15:50 |
Journal or Publication Title: | The American Journal of Jurisprudence |
Publisher: | Oxford University Press |
Refereed: | Yes |
Related URLs: | |
URI: | https://mural.maynoothuniversity.ie/id/eprint/19995 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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