When Should the Majority Rule?

Abstract: When do limits on majorities enhance democratic rule, and when do they undermine it? Constraints on majorities are, of course, essential to modern democracy. Liberal democracy is not simply a system of majority rule: It combines majority rule and protection of minority rights. But constraints on electoral majorities can also subvert democracy. This essay offers a new framework for understanding the ambiguous relationship between countermajoritarianism and contemporary democracy. Lumping all countermajoritarian institutions into the same category can lead us to preserve and prescribe outdated and undemocratic institutions that distort political competition and may undermine democratic legitimacy. This essay makes the case for a robust but minimalist countermajoritarianism. Although special protections for powerful minorities may have helped to secure the historical passage to democracy, today the healthiest democracies empower majorities.