National Voting Rights for Resident Non-Citizens: The Luxembourg Debate

By David Owen, Professor of Social and Political Philosophy at University of Southampton (@rdavidowen, Academia.edu). You can find more posts by David here.


On June 7th 2015, the people of Luxembourg will be voting in a referendum covering four separate questions:

  • Should teenagers aged 16 or over be given the active right to vote? (The active right means that they would be able to vote but not stand in elections.)
  • Should non-Luxembourg nationals be allowed to vote in national elections on the condition that they have lived in Luxembourg for at least ten years?
  • Should the state continue to pay salaries and pensions of priests, diocese staff or officials of other faith groups in Luxembourg?
  • Should government mandates be limited to a period of ten years?

Although all raise fascinating points for political theory and practice, it is the second – national voting rights for resident non-citizens – that raises the most challenging issues for contemporary states in contexts of migration and for EU member states in the context of the right to freedom of movement enjoyed by EU citizens. On the 20th-21st March I was privileged to be invited as an expert in a wide-ranging intellectual debate on this issue held in the Chambre des Députés du Grand-Duché de Luxembourg in which a group of historians, lawyers, sociologists and political scientists presented a range of perspectives on resident non-citizen suffrage to an audience of parliamentary representatives, activists, academics and students. Organized by Professor Philippe Poirier and his colleagues at the University of Luxembourg with the cooperation of the Luxembourg Parliament in order to enhance political debate, the event exemplified how academic research can inform, and be challenged by, the diversity of political perspectives that characterize a democratic state.

The question of resident non-citizen suffrage in national elections has real political significance for Luxembourg. About 45% of its residents are non-citizens (with about 85% of these being EU citizens). On the one hand, this looks like a serious democratic problem with almost half the population being denied national political representation in its legislative body. On the other hand, it is easy to see that the people of Luxembourg might reasonably be concerned that permitting national suffrage rights to resident non-citizens would undermine their ability to control their own political destiny.

One response to this dilemma is to make acquisition of nationality relatively straightforward and on the 1st January 2009 Luxembourg introduced new naturalization legislation that permitted dual/plural nationality and a double ius soli principle. This has had significant impact:

The number of valid demands for nationalisation quadrupled, going from 1065 in 2008 to 11770 for the period of the 1st January 2009 to the 31 December 2011. The Luxembourgish nationality was granted to 11736 persons, quasi 4000 per year. … By comparison, in 2008, only 1215 persons acquired the Luxembourg nationality. Furthermore, by double ius soli, 3414 persons of less than 18 years age, born in the Grand-Duchy of foreign parents of whom one was also born in Luxembourg, acquired Luxembourg nationality on the 1st January 2009. Following the assessment of the STATEC (National Institute of Statistics and Economic Studies), from 2009 to 2011, approximately another 1000 children became Luxembourgers by double ius soli, and 2491 children were naturalised along with one of their parents. A total of about 18500 new Luxembourgers in three years, mainly because of the innovations introduced by the law of 2008.

However, as already noted, the number of resident non-citizens today is c.45% with c.85% being EU citizens. For Luxembourg, it seems a decision must be made.

The vote in Luxembourg is also, however, also significant for the EU. Currently the EU has a demos problem in that EU citizens who exercise their civil right of freedom of movement may find themselves disenfranchised at the national voting level in both their state(s) of nationality and their state of residence. This is a democratic wrong but it is one that the EU as an institution has no competence to resolve. There are several possible ways of resolving this problem. But given (a) that the institutional architecture of the EU is neither purely intergovernmental (which would support tying national voting rights to naturalization) or purely federal (which would support tying national voting rights to residence) and (b) that EU citizenship entitles EU citizens who move to other member states to be treated as de facto dual nationals for a wide range of purposes, one fitting way of addressing this problem would be for Member States to allow such Second Country Nationals to become ‘Resident Electors’ after a reasonable period of residence. A ‘Yes’ vote in Luxembourg’s referendum (although it would also encompass a small number of non-EU citizens) would provide an example to the EU of such a practice. A ‘No’ vote would push the agenda in the direction of either reciprocal arrangements between specific Member States or expatriate voting rights for Second Country Nationals or some combination of the two. Luxembourg’s decision thus has implications that are wider than its own national affairs – and it is also for this reason that the engagement of academics, citizens and politicians in the event organized by the University of Luxembourg in association with their Parliament was such a welcome endeavor.

Debate: Do Citizens Have a Moral Duty to Vote?

By Ben Saunders and Jeffrey Howard. Ben Saunders is Senior Lecturer in Political Philosophy at University of Southampton (@DrBenSaunders, Academia.edu). Jeffrey Howard is Lecturer in Political Philosophy at Essex University. You can read more posts by Ben Saunders here.


As the general election of 2015 approaches, members of the general public are once again called on to cast their votes and decide who will represent their interests in the next government of the United Kingdom. But do the citizens of democratic states have a moral duty to answer this call?

Public figures like Russell Brand and Tim Stevens, Bishop of Leicester, have weighed in on the debate. Now, The Conversation has asked two professors of political philosophy to set out their arguments for and against.

Jeffrey Howard – affirmative

“The history of the world has given to us many sublime undertakings,” proclaimed Frederick Douglass in his 1888 speech on the struggle for universal suffrage, “but none more sublime than this.” Today, few would doubt that the fight for universal democratic empowerment was among the most morally significant struggles in history. But what, exactly, was it a fight for?

“The right to vote” seems to be the answer: but it is a misleading one. My suggestion is that those who struggled for suffrage during the past two centuries were not simply fighting for the option to vote. They were fighting for something deeper: the job of the citizen. They were fighting for a seat at the table at which the great moral challenges of their nation are debated and decided.

The job of the citizen, I believe, places moral demands on those who hold it. Voting is one of those demands. Citizens have obligations to make their societies more just and, as others have argued, to refrain from being an accomplice – however minor – to injustice.

Voting in favour of just proposals, or in support of representatives who enact them, discharges both duties in one fell swoop. By voting, we join together with like-minded citizens to collectively nudge our nation in a morally better direction. And even if we are unsuccessful – even if the forces of injustice win out – our action disassociates us from complicity with that injustice. Voting frees us of the blame that rightly attaches to citizens who vote for evil or who sit silently as others do so.

Ben Saunders – negative

Jeff Howard’s vision of citizens striving to make their societies more just may be an ideal that we should aspire to, but is it really a duty incumbent on us all? I think not.

First, note that the duty envisaged is not simply a duty to vote, but to vote for just policies (or representatives who will enact them). This is more demanding, since it implies that many voters act wrongly.

Granting, for now, that there is such a duty, it is misleading to say that citizens have a duty to vote as such. Obviously, one can only vote rightly if one votes, but there is no distinct duty to vote. Those who vote for unjust policies are no better – and presumably worse -– than those who do not vote, and surely cannot escape blame for collective wrongdoing.

Indeed, it is not clear that those who vote rightly avoid complicity. We ordinarily expect those who take part in a democratic process to accept the legitimacy of the outcome, even if outvoted. Perhaps, therefore, it is better not to vote if the decision will be unjust.

Where there is serious prospect of grave injustice, citizens promote justice through other actions, such as protesting. Voting alone does little to achieve this.

Could civilian movements like the poll tax protest be a better way of fighting for justice?
Chris Bacon/PA

Jeffrey Howard

Ben Saunders has issued a powerful, three-pronged challenge to the thesis that citizens are morally required to vote.

First, he notes that it is implausible to think that all votes are morally meritorious. Votes for unjust policies should be condemned, not celebrated. He is right: the duty to vote must be a duty to vote well. And to do that, it is not enough simply to show up on election day and flip a coin. Voting is rightly preceded by thoughtful reflection on matters of public concern. If citizens have not done so, then they should not vote, just as a surgeon who has not researched a particular surgery should not perform it. The duty to vote, then, functions within a package of other related responsibilities.

Secondly, Ben suggests that those who vote for justice but lose may still be complicit with injustice, since their vote legitimises the process and could even obligate them to obey it. This is an important worry, but I have doubts. It cannot be true that those who go to the polls to register their fierce opposition to slavery are bound to support slavery if their opponents win the day.

Finally, Ben suggests that if achieving justice is our objective, voting may be an ineffective method, compared to other alternatives. No doubt this is sometimes so, but I believe voting retains a distinctive significance. Protests are useful, I suggest, precisely because they can alter people’s intentions about what policies and politicians they will vote for. Protests can move people to head toward a particular door, but only through voting can they unlock it.

Ben Saunders

Jeff suggests that voting can unlock the door to a more just society, but this is rather unusual. If a slave-owning society were having a referendum on the abolition of slavery, then all citizens may have an obligation to vote for its abolition (though my earlier point, that this is not a duty to vote as such, still stands). That some citizens are sometimes under an obligation to vote, however, is relatively trivial – one could easily demonstrate this simply by promising to vote.

My concern is whether citizens generally have a moral duty to vote, simply in virtue of being citizens. I do not think Jeff’s arguments give us sufficient reason to think that they do. Even if all citizens are under a duty to promote a just society, voting would only be one way to further that end, and not a particularly effective one at that.

We rarely face a situation like the slavery referendum, where there is a clear choice between justice and injustice. Ordinarily, citizens must choose between parties whose policies, taken as a package, may differ little from the viewpoint of justice. In such circumstances, citizens may better promote justice in other ways, such as by volunteering for charity.


This article was originally published on The Conversation.
Read the original article.

Who Are ‘the People’ in a People’s Constitutional Convention?

By David Owen, Professor of Social and Political Philosophy at University of Southampton (@rdavidowen, Academia.edu). You can find more posts by David here.


This post is a contribution to a debate at openDemocracy initiated by Stuart White and followed by Alan Renwick’s discussion of institutional designs for such a convention. David Owen’s contribution focuses on the question of who should be included in the People for these purposes.

There are a lot of questions raised by the idea of a People’s Constitutional Convention for the UK. The most fundamental, however, is ‘who are the People?’ for this purpose.

In Stuart White’s initial post and Alan Renwick’s acute reflections on the form of such a convention, they adopt the intuitive response to this question: the People are the (adult) citizens of the UK, which we might imagine to be those who can vote in General Elections. The rationale for this view is straightforward: a constitution sets the terms of a political association; it specifies the basic legal form of citizens’ political relationships to one another. This is a good start but I think for these purposes we need to construe the People a bit more widely.

Consider first that not all UK citizens can vote in General Elections, for example, citizens who have been resident abroad for more than 15 years or prisoners serving custodial sentences. Should they be able to participate? Well, notice first that a constitution applies to all citizens regardless of whether they are resident in the UK or not. Any changes to the constitution are binding on all citizens and change their relationships – so, for example, the result of a UK referendum on EU membership would be binding on all UK citizens whether or not they are resident in the UK, the EU or the wider world. Because a constitution sets the terms of their relationship, the People must include non-resident, as well as resident, citizens.[1]

If we turn to prisoners serving custodial sentences, we should note that even if we think that there may be both principled and pragmatic reasons for refusing voting rights in General Elections for some classes of those convicted of criminal offences, a constitutional convention is a different kind of event, one that stands in a much more intimate relationship to one’s standing as a citizen. The loss of voting rights in a General Election says that one is not a citizen in good standing; the loss of the right to participate in a constitutional convention says that one has no civic standing. So all citizens need to be included in terms of either having a vote for representatives or being in the population from which citizens selected by lot are chosen.

But a constitution doesn’t just set the terms on which citizens relate to one another, it also lays down the ground rules for:

  • What the public actors (aka the State) can and cannot legitimately do in relation to all those who live under its authority, that is, within its territorial jurisdiction.
  • What private actors (individual or corporate) can and cannot legitimately do to other persons in this territory.

Looked at from this angle, everyone who is a resident of (as opposed to a visitor to) the UK has an equally clear and vital interest in being protected from arbitrary exercises of public and private power. Indeed, given that immigrant non-citizens are typically much more exposed to exercises of arbitrary power by the State (perhaps most especially the kind of discretionary power with respect to immigrants currently lodged in the Home Office) and by private actors (perhaps most obviously unscrupulous employers), the case of the inclusion of non-citizen residents is overwhelming.[2] The People needs to encompass residents more generally, not just citizens.

What about non-resident non-citizens? This is a harder issue. It is fairly straightforward to see that this group should be able to make representations to a People’s Constitutional Convention since, in an increasingly interdependent world, their lives are likely to be shaped in part by our actions, but should they have representatives with the decision-making body? Some authors – Ian Shapiro and Robert Goodin, for example[3] – answer in the affirmative. What counts, on this view, is that your morally relevant interests are or may be affected. I am skeptical of this appeal to ‘the all affected interests principle’ as a criterion of democratic inclusion for the reason nicely put by Christopher McMahon:

The people who have a right, under democratic principles, to participate in a decision are not those who are affected by it but those whose actions are guided by it. That is, if the possession of [political] authority is a matter of having a right to direct the actions of some group, democracy is reflexive authority – the generation of authoritative directives by those who will be subject to them. The say in determining a decision that democracy confers is a say in determining what one will do or allow as a member of a group.

Citizens and residents are subject to the authority of the constitution, non-resident, non-citizens are not. This isn’t to say that there are not good moral and epistemic reasons to consult widely with outsiders, there surely are! It is just to say that they need not be included within the People. So non-resident non-citizens should be represented in some way, but probably should not have voting rights in a People’s Constitutional Convention.

Thus far I have treated the People in terms of existing adults, whether citizen or not, resident or not, but ‘the People’ denotes an intergenerational community that exists through time and the decisions, perhaps particularly constitutional decisions, that we make now will shape the world that future generations of UK inherit. If we think about children first as an existent future generation of adult citizens, it is clear first that they have important interests at stake and second that their lives, values and self-understandings as political agents will be significantly shaped by the constitutional character of the UK. Saying simply that they can change the constitution when they reach adulthood fails to acknowledge the fact that they have interests at stake now and that much of their political identity as citizens will already have been formed by then. For these reasons I think that the People needs to encompass the representation of children.

What of not yet existent future generations whom we can envisage only as an indeterminate abstract collective of the yet to be born? It is clear that they, like non-resident non-citizens, will be affected by our decisions – perhaps vitally in respect of whether we include significant environmental norms in any constitution – but should they be represented? In relevant ways, this case looks like the temporal equivalent of the spatial case of non-resident non-citizens and I am inclined to think that they should be treated in the same way, that is, as having rights to make representations to a People’s convention but not be represented within the decision-making People.

If this is cogent, the People for the purpose of a constitutional convention cannot be restricted simply to resident adult citizens. And this expansion of the People has implications for the design of a constitutional convention as well. In order to ensure that the relevant classes of persons are appropriately ‘present’, it is sensible to adopt a design that includes at least some element of structured random selection so that there are not only resident citizens present but also resident non-citizens and non-resident citizens as well as some element of inclusion of governmental representatives such as a Children’s Ombudsman. I therefore favour – in this respect at least – the approach used in Ireland’s recent convention, as discussed by Alan Renwick, as the best way forward for a People’s convention to accommodate an appropriately expansive understanding of the People.

[1] For a fuller discussion, see David Owen, ‘Transnational Citizenship and the Democratic State’ Critical Review of International Social and Political Philosophy, 14: 5, 2011, pages 641-663.

[2] For related observations on access to citizenship for residents, See David Owen (2013) ‘Citizenship and the marginalities of migrants’, Critical Review of International Social and Political Philosophy, 16 (3): 26-343 & (2014) ‘Republicanism and the Constitution of Migrant Statuses’

17 (1): 90-110.

[3] Ian Shapiro The Moral Foundations of Politics (New Haven, Yale University Press) pp.219-20 as well as Robert Goodin ‘Enfranchising All Affected Interests, And Its Alternatives’, Philosophy and Public Affairs 35 (1): 40-68.

Beyond the Youth Citizenship Commission- Energising the Debate on Youth Political Participation

By Dr. Andy Mycock, University of Huddersfield

As part of its on-going commitment to promoting political activism and democratic engagement, researchers representing the Centre for Citizenship, Globalization and Governance (C2G2) have played a leading role in the development of a Political Studies Association (PSA) project seeking to enhance youth citizenship. Gerry Stoker, Professor of Governance and Director of C2G2, and postgraduate research student, Emily Rainsford, have contributed chapters to a new volume, Beyond the Youth Citizenship Commission: Young People and Politics. The publication is edited by Professor Jon Tonge (University of Liverpool) and Dr Andy Mycock (University of Huddersfield), who between 2008 and 2009 served on the independent Youth Citizenship Commission (YCC) formed by the last Labour government. The volume builds on the work of the YCC and applied research by members of the Political Studies Association and seeks to further energise debates about young people and democratic participation. The C2G2 played an important role in developing the project and publication of the volume, kindly co-sponsoring the hosting of a workshop for contributors in London in January 2014.

Contributions to the volume provide short opinion pieces on a range of youth citizenship topics and offer policy proposals to encourage governments, political parties and youth stakeholder groups across the UK to adopt more dynamic approaches to encouraging young people to get involved in politics. The volume addresses issues such as votes at 16, political participation of young women and BME groups, citizenship education in schools and universities, youth social media, and compulsory youth voting.  Policy proposals include a referendum on votes at 16, compulsory electoral registration in schools, and a call for the Westminster All-Party Parliamentary Group for Women in Parliament to establish an inquiry to encourage more young women to participate in politics.

Gerry Stoker’s contribution to the volume explores political citizenship and the innocence of youth. He argues that rather than despairing about the relative non-engagement of young citizens in formal politics, there is a need to recognise the positive aspects of their relative divorce from politics and their relative lack of cynicism and fatalism. Gerry suggests that young people are more open to the prospects for change and doing politics differently. A different political order could, he suggests, be stimulated by reforms such as lowering the voting age to 16 and young people’s national representative parliaments, assemblies and forums across the UK being given the right to call annual ballots or referenda on topics of their choosing.

Emily Rainsford draws on her doctoral research to identify a number of reasons why political parties are struggling to recruit young people to their ranks. She suggests that the relationship between young people and political parties is complicated but there is an urgent need to address the causes of party political disengagement. The need for new approaches to youth political party membership requires an acknowledgement that young people are adopting distinctive forms of political activism. The terms of party membership should therefore be reviewed to increase opportunities for young people to be able to influence the design of policy and develop forms of participation that reflect their interests.

The volume was discussed at a special panel at the Political Studies Association conference in Manchester on April 16th 2014. A panel of respected academics, including Gerry Stoker and Jon Tonge, discussed youth citizenship issues with representatives from the Manchester Youth Council and local schools. The panel also included Sam Johnson, a young councillor from Manchester City Council and Ian Wybron, a member of the Demos Generation Citizen project.

The volume will be officially launched at an event in Westminster in the summer and other events will be hosted in Edinburgh, Belfast and Cardiff. Chapters from the publication will also be hosted in an exciting series of on-line debates on the Democratic Audit and PSA blogs, with leading politicians, academics, and youth organisation will respond the policy proposals.

An electronic copy of the Beyond the Youth Citizenship Commission: Young People and Politics volume can be downloaded here.

For further details of PSA youth citizenship events linked to the project or to ask for a hard copy of the volume, please contact Dr Andy Mycock.