Constitutionalism, Deliberative Democracy, and Human Rights

David Feldman

in Judges, Transition, and Human Rights

Published in print March 2007 | ISBN: 9780199204939
Published online March 2012 | e-ISBN: 9780191695599 | DOI:
Constitutionalism, Deliberative Democracy, and Human Rights

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This chapter looks at the relationships between constitutionalism, democracy, and human rights. Claims that constitutionalism, deliberative democracy, or human rights should be accepted as fundamental to the international legal order has led to confusion because even those who accept their potential usefulness as sources of constitutional guidance hold competing conceptions of them. Efforts to resolve the tension or potential opposition between these three by defining each of them in such a way as to accommodate each other also failed the address the problem.

Keywords: constitutionalism; human rights; democracy; legal order; constitutional guidance

Chapter.  12110 words. 

Subjects: Human Rights and Immigration

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