ABSTRACT

39This chapter examines the question of legitimacy in democratic constitutional states from the standpoint of a theory of deliberative democracy. Its aim is to show that the validity of a conception of justice and the legitimacy of political institutions and public policies based upon it can be best defended on the basis of a normative theory of public deliberation. This theory, I shall argue, is superior to the two main normative models of justification that appeal to the ideal of neutrality (Rawls, Larmore, Nagel) or to the ideal of perfectionism (Raz, Galston, Kymlicka).