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
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