Chapter

Disagreement and Precommitment

Jeremy Waldron

in Law and Disagreement

Published in print March 1999 | ISBN: 9780198262138
Published online March 2012 | e-ISBN: 9780191682308 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262138.003.0012
Disagreement and Precommitment

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This chapter examines the ‘precommitmentș view of constitutional constraints and a Bill of Rights with judicial review of legislation. The arguments put forward in this part of the book entail that if the people want a regime of constitutional rights, that is what they should have: that is what the principle of participation requires, so far as constitutional change is concerned. But the reason for carrying out a proposal must not be confused with the character of the proposal itself. If the people voted to experiment with dictatorship, democratic principles might give us a reason to allow them to do so. But it would not follow that dictatorship is democratic.

Keywords: Bill of Rights; legislation; dictatorship; democratic principles; rights

Chapter.  13002 words. 

Subjects: Jurisprudence and Philosophy of Law

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