Deliberative Democracy and Minorities

Bibliographic Data

ID12198119
AuthorsSteven Wheatley (0000-0001-8149-9381, corresponding author)
Year2003
Volume14
Issue3
Pages507-527
Publication date2003-06-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueEuropean Journal of International Law (JOURNAL)
Journal identifiersISSN: 0938-5428 • E-ISSN: 1464-3596
PublisherOxford University Press (OUP) (PUBLISHER)
DOI10.1093/ejil/14.3.507
OpenAlexW2138699831
LanguageEN
Citations received16
References cited1

This article examines the contribution that international law can make to the recognition of minority interests and preferences through a deliberative understanding of democracy. The deliberative model conceives of democracy as a free association of equal citizens who engage in a rational discussion on political issues, presenting options and seeking a consensus on what is to be done. The concern here is with how the deliberative model accommodates ethno-cultural minority groups. The cardinal features of the deliberative model -equality, participation (i.e., inclusion) and consensus -are clearly attractive to hitherto marginalized groups. Like other minorities, ethno-cultural groups demand a recognition of their status as equal citizens, and effective representation in the deliberative and decision-making institutions and mechanisms of the state, notably national Parliaments. The pure deliberative model, outlined by Habermas in Between Facts and Norms, assumes that given sufficient time and goodwill, it is always possible to reach a consensus. On certain issues which affect ethno-cultural minorities, however, a consensus cannot be reached. Democratic deliberation on questions of ethno-cultural minority identity, this article argues, should not aim to establish uniform rules in all areas of public life, but to determine a constitutional arrangement that will guarantee the cultural security of the minority group. Where this can be established in common institutional and legal frameworks, this is to be preferred; where not, appropriate autonomy regimes should be introduced. Finally, the article considers the mechanisms through which this accommodation may be reached. 508 EJIL 14 (2003), 507-527 1 The concern is not with those individuals and groups marginalized by the majority population and public authorities, often on the basis of visible but irrelevant differences (for example, African-Americans). Their demand is for recognition as equal members of the polity, and for the introduction of effective legislation on non-discrimination, including indirect and positive discrimination provisions and measures to deal with structural disadvantage. 2

Autonomy · Deliberation · Deliberative democracy · Democracy · Inclusion (mineral · Law and economics · Minority rights · Political science · Politics · Social science · Sociology · Human Rights and Immigration · International Arbitration and Investment Law · Political Systems and Governance · Law · Public Administration

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