This chapter argues that the state should use judicial review to constrain democracy. It identifies several rights that individuals possess, and then defends judicial review as a mechanism for protecting these rights. The chapter then considers the objection that judicial review is undemocratic because it constrains the laws that an electorate or their representatives might adopt. To explore this idea, it distinguishes two arguments in defence of democracy. The first holds that democracy is valuable because it produces good outcomes, and the second holds that democracy is valuable because it treats each member of a society equally when they disagree about which outcomes are good.
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10. Judicial Review and Democracy
William Abel, Elizabeth Kahn, Tom Parr, and Andrew Walton
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4. Democracy
Thomas Christiano
This chapter looks at democracy. The term ‘democracy’ refers very generally to a method of group decision making that is characterized by a kind of equality among the participants at an essential stage. To evaluate the arguments of democratic theorists, we must decide on the merits of the different principles, and conceptions, of humanity and society from which they proceed. We can evaluate democracy along at least two different dimensions: instrumentally, by reference to the outcomes of using it compared with other methods of political decision making; or intrinsically, by reference to qualities that are inherent in the method — for example, whether there is something inherently fair about making democratic decisions about matters on which people disagree. A vexing problem of democracy is whether ordinary citizens are up to the task of governing a large society. The chapter then offers some solutions for the problem of democratic citizenship.
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Introduction
This text explores the main questions of political philosophy and looks at some of the most influential answers, from the ancient Greeks to the present day. Each chapter takes on a particular question or controversy. The natural starting point is political power, the right to command. The first chapter considers the question of what would happen in a ‘state of nature’ without government, while the second tackles the problem of political obligation. The third chapter is concerned with democracy, asking whether a state should be democratic, for example, or whether there is any rationale for preferring rule by the people to rule by an expert. The next two chapters deal with liberty and property. The text concludes by focusing on questions that have drawn greater attention in more recent decades, such as issues of gender, race, disability, sexual orientation, immigration, global justice, and justice to future generations.
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19. Wollstonecraft
Carole Pateman
This chapter examines Mary Wollstonecraft's political thought. Wollstonecraft advances the argument that the private and public are interrelated and that God has given reason to both sexes. Among her ideas: ‘natural’ qualities, including masculinity and femininity, are socially constructed; reason and virtue require cultivation; private and public virtue demands non-sexually differentiated principles and standards, and freedom, equal rights, and political representation for women and men; tyranny in private, especially in marriage, undermines political virtue and active citizenship; education must be reformed, marriage transformed into an equal relationship between loving friends, and wives must have economic independence. After providing a short biography of Wollstonecraft, the chapter analyses her views on nature, sentiment, reason, men's rights and women's freedom, private virtue, and public order. It shows how Wollstonecraft's insights challenge standard conceptions of democracy.
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16. Rousseau
David Boucher
This chapter examines Jean-Jacques Rousseau's political thought. It first provides a short biography of Rousseau before discussing varying interpretations of his ideas, suggesting that, because of his emphasis upon civic virtues and freedom as lack of an insidious form of dependence, the republican tradition best reflects Rousseau's concerns. It then considers Rousseau's distinctive contribution to the idea of the state of nature, noting that the springs of action in his state of nature are not reason are self-preservation and sympathy. It also explores Rousseau's views on private property, social contract, inequality, natural law and natural rights, democracy, religion, and censorship. The chapter concludes with an analysis of Rousseau's concern with freedom and dependence, and how the related issues of slavery and women were relevant for him.
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31. Habermas
Kenneth Baynes
This chapter examines Jürgen Habermas's major contributions to social and political thought. Habermas is regarded as one of the most influential figures in contemporary political theory. In his later work Habermas has begun to expand the normative political implications of his work in social theory and philosophy, culminating in Between Facts and Norms. This chapter first provides an overview of Habermas's earlier work, especially his study on the transformation of the liberal or bourgeois public sphere, before discussing his theory of communicative action (or action based on mutually supposed validity claims). It then considers Habermas's attempt, in Between Facts and Norms, to develop an account of deliberative politics anchored on the idea of political legitimacy and concludes with an analysis of cosmopolitanism as well as his views on discourse theory, democracy, the system of rights, and ‘weak’ and ‘strong’ publics.
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2. Liberalism
Robin Redhead and Stephen Hood
This chapter explores the basic assumptions of liberal ideology. It first traces the origins of liberalism before discussing some key concepts and values of a liberal ideology such as liberty, democracy, rights, and tolerance. It then considers two of the most important, yet contrasting, strands within liberalism: economic liberalism, which supports policies of privatization and laissez-faire economics, and social liberalism, whose concern for individual freedom is coupled with a commitment to social equality. The chapter also looks at some key criticisms of liberal ideas, focusing on the liberal vision of a just society, as well as the influence of liberalism on social movements and political parties in the United Kingdom and other parts of the world. Finally, it illustrates the pervasiveness of liberalism and how it is related to other ideologies.
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3. Who Should Rule?
This chapter considers the question of what sort of state and government we should have. A common assumption is that only a democracy is ever fully justifiable. Anything else—a tyranny, an aristocracy, an absolute monarchy—lacks justification. But what is a democracy? Is it really so attractive? The chapter explores some of the most fundamental problems in formulating democratic theory before looking at arguments for and against democracy itself. It first examines the tension between the idea of democracy as a system of ‘majority rule’, and the idea of democratic ‘consideration for individuals’. It then analyses Plato’s arguments against democracy, focusing on his use of the so-called craft analogy to defend his position, along with his concept of guardianship. It also discusses Jean-Jacques Rousseau’s notion of the general will and concludes with an overview of representative democracy.