Glen Staszewski (Michigan State University College of Law) has posted Contestatory Democracy and the Interpretation of Popular Initiatives (Seton Hall Law Review, Vol. 43, No. 4, 2013) on SSRN. Here is the abstract:
This brief contribution to a symposium on "The Changing Landscape of Election Law" focuses on the question of how successful ballot measures should be interpreted when disputes arise regarding their meaning or scope. I rely on recent insights from civic republican theory to argue that the interpretation of popular initiatives should be understood as a form of contestatory democracy. This vision of statutory interpretation demonstrates the need to adopt certain substantive canons or structural reforms, which would promote freedom as non-domination and thereby improve the democratic legitimacy of the ballot initiative process.