Democracia y Corte Interamericana de Derechos Humanos: participación, oposición y acceso a la justicia

Araucaria 23 (46) (2021)
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Abstract

The paper proposes a guide to understand the idea of democracy that underlies the Inter-American Human Rights System. Based on the notion of polyarchy from Robert Dahl it highlights the principles of participation and opposition. Both reveal the egalitarian and liberal ascendancy of democracy that should orient the interpretive activity of the Inter-American Court of Human Rights, independently it refers to cases related with political rights. The main purpose is to make visible the inescapable public-political role of the courts. This implies reviewing the quality of their reasons, the correctness of their justification procedures, and the nature of its authority. Due to the nature of the judicial function, the idea of democracy is revisited together with the human right of access to justice.

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Filosofía y Derechos Humanos.Elías Castro Blanco (ed.) - 2013 - Bogota: Universidad Libre.

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