The Rights of Others

Abstract

Benhabib recasts the Derridean idea of `iteration' in democratic terms. While adhering to the original idea that both the fundamental terms of political consociation and the identity of the people itself is `radically' open, Benhabib argues that deliberative norms do and should frame the process of reiteration. For the deliberative democrat, the democratic constitution is not a would-be barrier to iterability (which we are told cannot be contained anyway); it is rather a communicative or discursive space in which the hitherto suppressed or not yet present voice of other people finds its way and expands the terms of meaning giving and hence reason giving. The democratic constitution enables iteration; it is one side of a dialectic that relies upon, balances and, in some sense, makes the most of people power. Immigrants, in the final analysis, are the latest group to proclaim their presence in the sphere of constitutional interpretation, and thereby recalibrate the interpretive frame. And when they make their presence known in this way they have truly become a part of the `people'. When, however, they make their presence known in ways that undermine constitutional self-understanding, instead of engaging it, they are `not us'. Benhabib is hesitant to add this last bit, as she is hesitant to admit how much the constitutional identity of a people `rift with otherness' is reliant upon the historical referent and the generative/steering power of the right sort of constitutional court.