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A theory that takes seriously Waldron’s intuition that a majority is not "entitled to impose a decision on others, simply on the ground that there are more individuals in favor of the decision than against it" requires an account of the conditions under which majority support does constitute adequate justification for the legitimate exercise of political power. If this claim is true, however, then it would seem that a legitimate democratic form of government must regulate the influence on social choice of preferences inconsistent with the foundational commitments of democracy. Only if political institutions—in particular, rights—perform such a function will it be possible to "mak[e] sense of the democratic quality of public will." It is therefore implicit in Waldron’s own view that regulation of the relation between preferences and the community’s political choices is a constitutive condition of democracy. In offering an account of the institutional arrangements necessary to regulate the relation between preferences and social choice, then, the constitutionalist view is more responsive to the theoretical challenges raised by the fact of pluralism than the interpretation offered by majoritarians.
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