The social contract doesn't legitimize anything on its own; it depends on consent.
Indeed, if there were no prior agreement, what would give the minority any obligation to submit to the choice of the majority (unless the election was unanimous)? A hundred men want to have a master; what gives them the right to vote on behalf of ten who don’t? The law of majority voting is itself something established by agreement, and it presupposes that on at least one occasion there was a unanimous vote.[1]
The social contract doesn't legitimize anything on its own; it depends on consent.
The Social Contract. 5-We must always go back to a first agreement ↩