The problem of human rights in direct democracy
Author
Krzywoszynski, PrzemysławPublisher
Universidad Autónoma de Madrid (UAM)Date
2014Citation
Bajo palabra: Revista de filosofía. II Época 9 (2014): 95-102ISSN
1576-3935Subjects
Direct democracy; Human rights; Referendum; Plebiscite; FilologíaAbstract
The main aim of this article is to illustrate the relationship between human rights and
referendums. In international and constitutional law theory, human rights are considered to
be fundamental. A modern democratic state should guarantee the protection of such human
rights as dignity, freedom, and ownership of property, as well as ensure equality and social
and economic rights. But from their beginnings, the foundations of these rights have been
associated with conflict, and at times, such as during the French Revolution, even with
terror, with dictatorships and totalitarian systems often abusing terms taken from the
vocabulary of human rights, including liberty and equality.
As the most basic institution of modern direct democracy, the referendum would seem
to be an excellent means of protecting human rights. However, referendums also provide
opportunities for limiting these rights, and not only by totalitarian and authoritarian regimes
seeking use this institution to legitimize their power. In democracies, when people are
asked about a very difficult subject (e.g. a moral problem) they are often driven by
emotions during the campaigns and when voting. In relation to human rights, referendums
can thus be a double-edged sword
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