Constitutionalism and majoritarianism reconciled

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Authors: Avihay Dorfman, Alon Harel
Cited by: 0
References: 23

Abstract

Abstract This paper defends the view that both constitutional provisions—norms that are not dependent on our choices—and statutory provisions—norms that are contingent on our choices—are necessary features of a liberal democracy. We make the case for institution-dependent goods, arguing that some goods depend for their existence on being produced by the right law-making institution with its own characteristic deliberative process. Hence, we conclude that individuals may sometimes have an interest (or even a right) that their legal rights be protected by a certain institution, say, the legislature, rather than another, say, the constitution, and vice versa.

Fields of Study & Subjects

Historical and Contemporary Political Dynamics American Constitutional Law and Politics

Publication details

Journal / source
The Journal of Legal Analysis
Publisher
Oxford University Press (OUP)
Volume
18
Issue
1
Pages
118–134
Publication date
1 January 2026
Language
EN