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Article

Abstract

Debates about democracy are everywhere. Extremists, whether on the streets of Washington or Brasilia, perpetrate violence under the banner of democracy. But what do we mean when we talk about democracy? The debates, in the streets, popular media, or pages of academic journals, leave one wanting for depth and precision. This Article thus aims to provide an analytically useful model of Western democracy by surveying the vast and complex literature and distilling from that literature a series of core elements. From this exercise, this Article identifies the following four elements of democracy: majoritarianism, individual contestation, reason-giving, and deliberation. Although the endeavor to define democracy in this way may at first appear too big or unworkable, others over the past 2,500 years have already done the heavy lifting. The elements I propose draw their credibility from well-established ideas in democratic theory. Moreover, these elements are realistic. After summarizing each element and explaining its precedent, this Article provides current examples of each in existing governing institutions. Although there is substantial room for improving the democratic capacity of institutions and developing strategies in which all four elements work simultaneously, by highlighting their existence in practice, this Article aims to demonstrate the source, history, and feasibility of each element. The democracy debates will continue, but the goal of this Article is to provide an analytically useful model of democracy, which legal scholars can rely on when thinking about democratic institutions while at the same time championing an optimistic vision of democracy that can sustain constructive self-governance into the future.

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