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Jeremy Waldron Participation: The right of rights article This paper examines the role of political participationi n a theory of rights. If political participation is a right, how does it stand in relation to other rights aboutw hich the participantsm ay be makingp olitical decisions? Suppose a majority of citizens vote in favour of some limit on (say) the free exercise of religion. If their decision is allowed to stand, does that mean that we are giving more weight to the right to participate than to the right to religious freedom? In this paper, I argue that talk of conflict (and relative weightings) of rights is inappropriatein a case like this. I arguet hat the special role of participationi n a theory of rights is not a matter of its being given moral priority over other rights. Instead it’s a matter of this being a right whose exercise seems peculiarly appropriate, from a rights-based point of view, in situations where reasonable right-bearersd isagree about what (other) rightst hey have.

Participation: The right of rights

Jeremy Waldron

Proceedings of the Aristotelian Society, vol. 98, no. 3, 1998, pp. 307–337

Abstract

This paper examines the role of political participationi n a theory of rights. If political participation is a right, how does it stand in relation to other rights aboutw hich the participantsm ay be makingp olitical decisions? Suppose a majority of citizens vote in favour of some limit on (say) the free exercise of religion. If their decision is allowed to stand, does that mean that we are giving more weight to the right to participate than to the right to religious freedom? In this paper, I argue that talk of conflict (and relative weightings) of rights is inappropriatein a case like this. I arguet hat the special role of participationi n a theory of rights is not a matter of its being given moral priority over other rights. Instead it’s a matter of this being a right whose exercise seems peculiarly appropriate, from a rights-based point of view, in situations where reasonable right-bearersd isagree about what (other) rightst hey have.

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