Why is it fair to recognize the special representation of minorities? Reflections from the overlapping consensus in Rawls to the differentiated citizenship in Young

Abstract

A key aspect of our democratic societies is the principle of representation. For this reason, countries around the world have established quotas for minorities in electoral politics, giving greater substance to the assumption that in a democracy, every citizen is free to choose and to be elected under the guarantees offered by electoral processes. Nonetheless, the exclusion of some social groups and the infringement of their rights, due to their socioeconomic situation and socio-cultural identity – for example blacks, women, religious and ethnic minorities, and gender groups – are frequently observed. This article therefore reflects on why it is fair to recognize and include the interests of minority groups in the legal system of a country. Discussion is based on the approaches of justice expressed both in John Rawls and in Iris Marion Young. Thus the following lines provide an analytical framework in which the principles of overlapping consensus converge with the idea of differentiated citizenship
to recognize the need for special representation through electoral quota laws for minorities.