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Rights as Democracy

Bellamy, R; (2012) Rights as Democracy. Critical Review of International Social and Political Philosophy , 15 (4) 449 - 471. 10.1080/13698230.2012.699398. Green open access

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Abstract

Like many rights theorists, Peter Jones regards rights as lying outside politics and providing constraints upon it. However, he also concedes that rights are matters of reasonable disagreement and that, as a matter of fairness, disputes about them ought to be resolved democratically. In this paper I develop these concessions to argue that rights require democratic justification and that this can only be provided via a real democratic process in which those involved hear the other side. I relate this argument to the republican theory of non-domination, contending that it fits the Lockean project of regarding rights as constraints on arbitrary power better than liberal views that place rights outside the democratic process. I conclude by noting the implications of this argument for rights-based judicial review of legislation. © 2012 Taylor & Francis Group.

Type: Article
Title: Rights as Democracy
Open access status: An open access version is available from UCL Discovery
DOI: 10.1080/13698230.2012.699398
Publisher version: http://dx.doi.org/10.1080/13698230.2012.699398
Language: English
Additional information: This is an Author's Accepted Manuscript of an article published in Critical Review of International Social and Political Philosophy September 2012 copyright Taylor & Francis, available online at: http://www.tandfonline.com/10.1080/13698230.2012.699398
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS > Dept of Political Science
URI: https://discovery.ucl.ac.uk/id/eprint/1359226
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