Liberalism and Modern Constitutionalism

Abstract

Abstract This chapter analyses the foundational role basic liberal rights play in democracy, using the lens of John Rawls’ theory of political constructivism. It explores how Rawls’ political liberalism shapes our understanding of what democracy is and addresses challenges posed by the rise of illiberal doctrines. Rawls’ philosophy establishes that basic liberal rights are an essential aspect of legitimate democratic government, emphasizing their importance, especially when threatened by ‘unreasonable’ antidemocratic members. The chapter concludes by examining the limits of Rawls’ theory to develop a liberal normative theory of militant democracy. Although Rawls acknowledges the importance of entrenching basic liberal rights through constitutional unamendability and the containment of unreasonable members, he concludes that democracy’s self-defence poses a practical dilemma that philosophy cannot resolve. His work contributes the substantive democratic aspects to a liberal normative theory of militant democracy, but falls short in providing its militant dimension.