Progressive constitutional deliberation: Political equality, social inequalities and democracy’s legitimacy challenge

Abstract

Social inequalities fuel a debate about the meaning of political equality. Formal procedural equality is criticised for reproducing discriminatory outcomes against disadvantaged groups but affirmative action, particularly in the form of group quotas, is also contested. When opposing conceptions of substantive equality support divergent views about which procedural rule genuinely respects political equality, democracies cannot identify a standard or rule of procedural fairness to be widely accepted as fair. This dispute over procedural fairness can carry on indefinitely and could challenge democracy’s legitimacy claim. I argue that democracies can renew their legitimacy claim by embracing this debate and by accommodating it through constitutional deliberation that must be as impartial and meaningful as possible. Impartiality ideally requires the presence of every citizen in this process because each of them has a unique and evolving experience of inequality. Meaningful deliberation is about offering periodic opportunities for constitutional reform, allowing for continuous feedback, reflection, and learning.