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37 - The Human Right to Democracy in International Law

Coming to Moral Terms with an Equivocal Legal Practice

from The Right to Democracy

Published online by Cambridge University Press:  04 January 2020

Andreas von Arnauld
Affiliation:
Christian-Albrechts Universität zu Kiel, Germany
Kerstin von der Decken
Affiliation:
Christian-Albrechts Universität zu Kiel, Germany
Mart Susi
Affiliation:
Tallinn University, Estonia
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Summary

This reply to Sigrid Boysen proceeds in four steps: (1) it maps international law practice in order to identify whether it protects a principle of democracy (PoD) or even a human right to democracy (HR2D); (2) it surveys the philosophical discussions pertaining to that right to see how they relate to it; (3) it explains why and how exactly our legal discussions would benefit from drawing on philosophical justifications; and (4) it argues that the equivocal state of international legal practice pertaining to the HR2D may actually be justified morally, and that we would be better off endorsing the existing international customary principle of democracy without looking for a corresponding legal human right that cannot be morally justified.

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The Cambridge Handbook of New Human Rights
Recognition, Novelty, Rhetoric
, pp. 481 - 490
Publisher: Cambridge University Press
Print publication year: 2020

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