In political theory it goes without saying that the constitution of government raises a claim for legitimacy. With the constitution of the people, however, it is different. It is often dismissed as a historical question. The conviction is that since the people cannot decide on its own composition the boundaries of democracy must be determined by other factors, such as the contingent forces of history. This article critically assesses this view. It argues that like the constitution of government, the constitution (...) of the people raises a claim for legitimacy. The failure to see this is what makes many theorists run into the arms of history. They submit the legitimacy of the people to the arbitrary and asymmetrical forces of the present. (shrink)

The question of whether or not a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This position, however, is inconsistent (...) with the democratic theory of popular sovereignty. Anyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries. Because the demos of democratic theory is in principle unbounded, the regime of boundary control must be democratically justified to foreigners as well as to citizens, in political institutions in which both foreigners and citizens can participate. (shrink)

This paper subjects to critical analysis four common arguments in the sociopolitical theory literature supporting the cultural nationalist thesis that liberal democracy is viable only against the background of a single national public culture: the arguments that (1) social integration in a liberal democracy requires shared norms and beliefs (Schnapper); (2) the levels of trust that democratic politics requires can be attained only among conationals (Miller); (3) democratic deliberation requires communicational transparency, possible in turn only within a shared national public (...) culture (Miller, Barry); and (4) the economic viability of specifically industrialized liberal democracies requires a single national culture (Gellner). I argue that all four arguments fail: At best, a shared cultural nation may reduce some of the costs liberal democratic societies must incur; at worst, cultural nationalist policies ironically undermine social integration. The failure of these cultural nationalist arguments clears the way for a normative theory of liberal democracy in multinational and postnational contexts. (shrink)