Two Sides of the Same Coin? Democracy and International Human Rights

Israel Law Review, Vol. 41, pp. 445-476, 2008

Hebrew University International Law Research Paper No. 01-09

33 Pages Posted: 29 Jan 2009

Date Written: January 24, 2009

Abstract

The Article explores relationships between contemporary international human rights and democracy. In what respects are they two sides of the same coin, in what respects are they different coins? Do they depend on and complete each other? Can the two be in contradiction? The Article looks at these questions from several perspectives, including their historical connections, the changing definitions and understandings of each, their functional links, their determinacy, and their character as universal phenomena. It also indicates ways in which courts, which have long interpreted and applied human rights, now also reach decisions about constitutional issues by drawing on their conception of democracy.

Keywords: democracy, Human rights, Constitution

Suggested Citation

Steiner, Henry J., Two Sides of the Same Coin? Democracy and International Human Rights (January 24, 2009). Israel Law Review, Vol. 41, pp. 445-476, 2008, Hebrew University International Law Research Paper No. 01-09, Available at SSRN: https://ssrn.com/abstract=1332484

Henry J. Steiner (Contact Author)

Harvard University ( email )

1585 Massachusetts Ave
Cambridge, MA 02138
United States

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