An Ex Post Legem Approach to the Reconciliation of Minority Issues in Contemporary Democracies

Abstract

The reconciliation of minority issues is one of the most pressing challenges with which contemporary democracies are confronted. It has been addressed in at least two distinct ways. The first, ex ante legem, focuses on the deliberative phase and establishes criteria for the distribution of rights to participate in the public debate. The second, ex post legem, looks at the post-law-enactment phase and finds the key to reconciling minority issues in the possibility of repealing or amending a controversial law. This chapter will critically consider the former approach and defend the latter, paying special attention to its formulation in terms of granting particular exemptions from generally applicable laws. It will do so with a view to answering the following question: how should a liberal democratic polity reconcile minority claims whilst preserving the autonomy of all of its citizens?