Democracy or protest against democracy? : The imperative of the right decision and its ambiguities

This paper investigates a current tendency among democracies to appeal to highly competent independent institutions in order to constrain and amend the potential deficiencies of elected and representative democratic bodies. According to some democratic theorists, these counter-majoritarian institutions enjoy democratic legitimacy because they allow the contestation of ill-devised or unjust collective decisions, and hence contribute to the global improvement of democratic results. Based on a reading of Philip Pettit's work on contestatory democracy and of David Estlund's epistemic approach, the paper questions the democratic nature of these institutional forms of contestation and shows that, as long as they are not subjected to tighter democratic control, these institutions can be interpreted as ways of contesting democracy rather than as implements for its improvement.