Resumo

POZAS LOYO, Andrea. Rousseau's Supermajoritarian Justification of Majority Rule. Probl. anu. filos. teor. derecho [online]. 2014, n.8, pp.449-482. ISSN 2448-7937.

One of the most polemic characteristics of contemporary constitutional democracies is the limit they place on majority rule. Jean Jacques Rousseau is one of the most important advocates of popular sovereignty. The passages where he seems to give full support to majority rule are well known. I argue that for Rousseau the legitimacy of majority rule for ordinary lawmaking rests on its limited character. Unlike previous interpretations (e.g. Waldron 1990, Weirich 1986, and Grofman and Scott L. 1988) my interpretation gives a comprehensive and coherent account of Rousseau's prescriptions for different kinds of law-making, and of the relation among them. I present a criticism of Waldron's influential interpretation of Rousseau, and discuss the way Rousseau's thoughts can further our understanding on this important issue.

Palavras-chave : Democracy; Majority Rule; Popular Sovereigntiy; Legitimacy; Political Philosophy; Rousseau; Jean Jacques.

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