1 décembre 2021
Ce document est lié à :
10.22201/iij.24487872e.2021.21.15589
info:eu-repo/semantics/openAccess
Elizabeth Jiménez Mora, « The Core Elements of Representative Democracy within Inter-American Law », Anuario mexicano de derecho internacional, ID : 10670/1.pxys4m
From the Inter-American instruments and agreements it is possible to identify the relevance of democracy for the States of the Americas. However, this is not a clear concept, consequently this paper presents the minimum rights that have to be protected in order to consider a regime as democratic. The present paper builds the connection between the theory of democracy and the law, concluding that a representative democracy requires American States to guarantee some minimum standards to protect and guarantee: 1) equality; 2) freedom of assembly; 3) freedom of expression; 4) political rights, and 5) judicial independence. The five elements mentioned constituted the minimum core of representative democracy, but they are not the only rights important for a democratic regime.