Who Are the People? Associative Freedom and the Democratic Boundary Problem

The justification of criteria for the delineation and composition of democratic communities poses a significant challenge for democratic theory. The article argues that the all-subjected principle (ASP), advocated inter alia by Robert Dahl, fails to provide a convincing solution of the democratic boundary problem. Based on a detailed critique of the ASP, an alternative approach that builds on the right of association and a territorial principle is suggested. In contrast to non-territorial associations, such as religious communities, territorially organized states have specific obligations to permanent residents that include the granting of voting rights. In response to possible objections it is argued that the freedom of association can be sensibly applied to the creation and maintenance of states. Moreover, it is shown that the territorial principle on which the proposed solution of the democratic boundary problem relies differs from the ASP in important respects. Finally, some practical consequences for controversial cases, such as immigrants, anarchists, and expatriates, are elucidated.