Democratic rights : the substance of self-government / Corey Brettschneider.

When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in...

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Bibliographic Details
Main Author: Brettschneider, Corey Lang
Format: eBook
Language:English
Published: Princeton : Princeton University Press, ©2007.
Subjects:
Online Access:Click for online access
Table of Contents:
  • The value theory of democracy
  • Procedural democractic [sic] theories
  • Procedure-independent theories: epistemic and democratic
  • Paradigmatic democratic rights and citizens as addressees of law
  • Citizens as authors and addressees: co-originality and citizens' status
  • Rule of law
  • Freedom of expression and conscience
  • Democratic contractualism: a framework for justifiable coercion
  • A lexicon of citizenship
  • The principle of democracy's public reason
  • The inclusion principle
  • Public justification and the right to privacy
  • Situating democratic privacy: a critique of liberal and republican accounts
  • Relevance and the boundaries of privacy
  • Privacy, equality, and democratically justifiable coercion
  • The rights of the punished
  • The need for justification to criminals qua citizens: the problem with punishment as war
  • State punishment as an issue of political morality: punishing criminals qua persons versus criminals qua citizens
  • Democratic rights against punishment
  • Capital punishment
  • Private property and the right to welfare
  • The right to private property and state coercion
  • Democratic contractualism and the right to private property
  • Democratic proposals for welfare rights
  • Judicial review: balancing democratic rights and procedures
  • The limits of a pure outcomes-based theory
  • The failure of pure procedural theories
  • Impure procedural and outcomes-based theories
  • The flaws with formal democratic arguments and the need for examples in a theory of democracy
  • The objection from benevolent dictatorship
  • Democratic rights and contemporary politics.