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  1. Rights and Disagreement.Alexander Kaufman - 2013 - Philosophy Study 3 (3).
    Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues that the constitutional protection of rights is inconsistent with the fundamental democratic idea of government by the people. According to this view, democracies should assign the power to resolve questions regarding the nature and extent of individual rights to the majority. Constitutional attempts to remove such questions from the public agenda, (...)
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  • Democracy, respect for judgement and disagreement on democratic inclusion.Jonas Hultin Rosenberg - 2023 - Critical Review of International Social and Political Philosophy 26 (4):506-527.
    The literature on democracy and disagreement has argued that the principle of respect for judgement requires that disagreement within democracy is resolved by a democratic decision. This paper raises the question what the principle of respect for judgement requires when there is disagreement on democratic inclusion. The paper argues that not all, but some, disagreements on democratic inclusion must be resolved by a democratic decision. Three reasons for when it need not are distinguished, issue-related reasons, people-related reasons, and judgement-related reasons. (...)
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