ABSTRACT

The challenge of policing a democratic society is to design a means by which public preferences are converted into policing outputs. This is less easy than it sounds, for reasons well known to democratic theorists. Moreover, it may not always be desirable. Foremost among the concerns is the fundamental risk of majority tyranny. The public may well prefer solutions that are exclusionary, or indeed, draconian, to the great disadvantage of the marginalized minorities against whom they are directed. Compounding this is the fact that people from disadvantaged backgrounds are less likely to participate in any political process, even those through which they might further their own interests. The flip side of this is the risk of minority tyranny, where a shrill minority would prevail over an apathetic majority (Thacher, 2001).