A Dilemma for Proceduralist Theories of Democracy: Elected Delegates or Elected Monarchs?

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.

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Publication Details

Journal
The American Journal of Jurisprudence
Published
2024-11-28
DOI
https://doi.org/10.1093/ajj/auae018
Primary Topic
Political Theory and Influence
Type
article
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article

A Dilemma for Proceduralist Theories of Democracy: Elected Delegates or Elected Monarchs?

Brian Flanagan
The American Journal of Jurisprudence
Political Theory and Influence
article

A Dilemma for Proceduralist Theories of Democracy: Elected Delegates or Elected Monarchs?

Brian Flanagan
article en

Abstract

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.

The American Journal of JurisprudenceVol. 69(3)
National University of Ireland, Maynooth (IE)
Reduced inequalities
Openalex Percentile: Top 66%
Political Theory and Influence
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A Dilemma for Proceduralist Theories of Democracy: Elected Delegates or Elected Monarchs? — Brian Flanagan · The American Journal of Jurisprudence (2024) | TGRS Research Map | TGRS