from Why democracy can’t be democratic all the way down – and why it matters by Ilya Somin in The Washington Post:
One of the standard rationales for the idea that we have a duty to obey democratically enacted laws is that, thanks to the right to vote, we have consented to them. But we haven’t had a meaningful opportunity to consent to the rules under which the vote occurred in the first place. Many of those rules were established influential elites, in often centuries before any of today’s voters were even born. In the 2016 election, those of us who can vote will get to decide whether the Democrats or the Republicans will control the presidency and Congress. But we won’t get to decide many of the rules under which that vote takes place, or whether the president and Congress should have so much power in the first place. For these reasons, among others, voting genuinely does entail any genuine consent to the policies enacted by the winners. This calls into question consent-based justifications for a duty to obey democratically enacted laws, and even consent-based justifications for the legitimacy of the entire apparatus of democratic government.
Democracy’s inability to be fully democratic doesn’t do much to strengthen the case for dictatorship or oligarchy. After all, these systems are generally even more coercive and inegalitarian, as well as more prone to a range of other pathologies. But the superiority of democracy over these rival systems should not blind us to its own significant weaknesses, or to the case for imposing tight limits on the scope of democratic government.
The elitism at the heart of democracy is far from the only factor we should take into account in evaluating political systems. But it is an important issue to keep in mind. At the very least, it should make us more skeptical of claims that some policy is wise or just because it represents the democratically enacted “will of the people.”