This essay reclaims a political proceduralist vision of democracy as the best normative defense of democracy in contemporary politics. We distinguish this vision from three main approaches that are representative in the current academic debate: the epistemic conception of democracy as a process of truth seeking; the populist defense of democracy as a mobilizing politics that defies procedures; and the classical minimalist or Schumpeterian definition of democracy as a competitive method for selecting leaders.

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)

This essay reviews contemporary theories of public justification. In particular, it argues that conceptions of public justification and public reason have moved significantly beyond Rawls.

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)

From the theory of ‘deliberative democracy’ to the politics of the ‘third way’, the present Zeitgeist is characterized by attempts to deny what Chantal Mouffe contends is the inherently conflictual nature of democratic politics. Far from being signs of progress, such ideas constitute a serious threat to democratic institutions. Taking issue with John Rawls and Jürgen Habermas on one side, and the political tenets of Blair, Clinton and Schröder on the other, Mouffe brings to the fore the paradoxical nature of (...) modern liberal democracy in which the category of the ‘adversary’ plays a central role. She draws on the work of Wittgenstein, Derrida, and the provocative theses of Carl Schmitt, to propose a new understanding of democracy which acknowledges the ineradicability of antagonism in its workings. (shrink)