Democracy, Violence, and Constitutional Revision in the Shadow of Democratic Revolution Theory
Villanova University - School of Law
December 5, 2011
Denver University Law Review, Forthcoming
Villanova Law/Public Policy Research Paper No. 2012-3012
This response essay identified two objections to Richard Albert’s paper Democratic Revolution and his theory of democratic revolution. First, it observes that democracy is but one desirable aspect of governance and its overemphasis is in considerable tension with the protection of minority interests and the consensus-seeking features of constitutionalism. Second, contrary to Albert's claim, violence and its threat often do attend revolution - whether or not violence or its threat is a defining characteristic of revolution. In light of the undesirability of crass majoritarianism and revolutionary violence, this essay considers whether Albert’s theory could be accommodated either by interpretation-as-amendment or by the Article V method for amending the document. The response concludes that neither would suffice to satisfy the demands of Albert’s democratic revolutionary theory.
Number of Pages in PDF File: 12
Keywords: revolution, democracy, constitutionworking papers series
Date posted: December 6, 2011 ; Last revised: April 26, 2013
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