“Disfavored Candidates and the Democracy Canon”

Derek Muller (Excess of Democracy Blog):

The Florida Law Review Forum kindly invited me to offer a response to Chad Flanders‘s recent article, “Election Law Behind a Veil of Ignorance” (PDF). Here’s my response (PDF), “Disfavored Candidates and the Democracy Canon.” And here’s the opening:

“Democracy” is a chameleon-like word, used almost everywhere and meaning almost anything. Chad Flanders’s thoughtful article in part disciplines the meaning of “democracy” when it draws an important distinction between popular democracy and legislative democracy when interpreting election statutes and evaluating the applicability of the Democracy Canon. Indeed, in statutory interpretation, we often justify canons by democratic values, particularly the accountability of the representatives who promulgate those statutes.

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