Can’t We All Just Get Along? Revisiting Kelsen’s Account of Parliamentarism, Political Parties, and Compromise

The notion of political compromise in party democracy is a cornerstone of Kelsen’s democratic theory. In the legislative, he argued, one party (or several parties) constituting a majority need(s) to somehow get along with a party (or several parties) in the minority if democratic government is to work and last. However, this vision goes against common sense understandings of what it means to have a democratically elected majority; it is also likely to raise some eyebrows among majoritarian theorists of democracy. This chapter explores whether Kelsen’s central idea can possibly be redeemed. Unlike Kelsen’s multiple critics in contemporary democratic theory, it argues that his account of compromise rests on numerous ambiguities that leave it underdetermined on both normative and institutional levels. It also argues and demonstrates that the most plausible understanding of Kelsen’s imperative to compromise rests on the notion of respecting the members of parties in the minority as co-rulers – an intuition derived from a Rousseauian conception of democracy as collective self-rule and adapted to societies characterised by persistent conflicts of interest and moral disagreements. It concludes that, despite its shortcomings, Kelsen’s valorisation of political pluralism, in the legislative and in the public arena, remains an important source of arguments for a time often characterised as a ‘crisis of democracy’ and in the face of rampant anti-partyism.