ABSTRACT

The discipline of comparative constitutional law will, however, have to come to terms with the fact that the democratic ideal has not only developed over time, but can also differ geographically. A 'dysfunctional democracy' can provisionally be described as a democracy in which 'the institutions of government are unable to provide long-term solutions to society's common problems' and there is a risk that it 'may develop in ways that limit religious expression and action generally, or restrict them for particular groups'. the concept of public reason makes it even more difficult to find a solution for the problem identified by Lovin: the dysfunctionality of our current democracies as a result of the loss of moral vocabulary. Wolterstorff rightly notes that his ideal of an equal political voice liberalism is dependent on there being vital moral or religious communities in society that nourish the kind of convictions put forward by citizens and their political representatives.