Constitutionalism and majoritarianism reconciled

This paper defends the view that both constitutional provisions—norms that are not dependent on our choices—and statutory provisions—norms that are contingent on our choices—are necessary features of a liberal democracy. We make the case for institution-dependent goods, arguing that some goods depend for their existence on being produced by the right law-making institution with its own characteristic deliberative process. Hence, we conclude that individuals may sometimes have an interest (or even a right) that their legal rights be protected by a certain institution, say, the legislature, rather than another, say, the constitution, and vice versa.