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Law and Disagreement$
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Jeremy Waldron

Print publication date: 1999

Print ISBN-13: 9780198262138

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198262138.001.0001

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The Constitutional Conception of Democracy

The Constitutional Conception of Democracy

(p.282) Chapter Thirteen.The Constitutional Conception of Democracy
Law and Disagreement

Jeremy Waldron

Oxford University Press

This chapter examines the constitutional conception of democracy in relation to the belief that democracy is not incompatible with individual rights. This chapter emphasizes rights which fall into two main categories: rights that are actually constitutive of the democratic process, and rights which, even if they are not formally constitutive of democracy, nevertheless embody conditions necessary for its legitimacy.

Keywords:   democracy, individual rights, democratic process, legitimacy, rights

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