Abstract
This Article provides the missing normative foundation by linking dynamic due process and rigorous rational basis to deliberative democracy. Rigorous rational basis, in essence, requires that majorities offer what deliberative democracy calls publicly accessible reasons—those capable of engaging fellow citizens across lines of difference—for restrictions on liberties. Courts, from this perspective, legitimately referee inevitable democratic conflicts in our pluralistic society. A Court that helps restore reasoned and productive politics cannot come soon enough.
Recommended Citation
Debadatta Bose,
Postcolonial Private Law,
91 Brook. L. Rev.
1275
(2026).
Available at:
https://brooklynworks.brooklaw.edu/blr/vol91/iss4/4
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