This book explores the right to democracy in international law and contemporary democratic theory, asking whether international law encompasses a substantive or procedural understanding of the notion. The book considers whether there can be considered to be a basis for the right to democracy in international customary law through identification of the relevant State practice and opinio juris, as well as through an evaluation of the Universal Declaration of Human Rights and whether the relevant provisions might be interpreted as forming customary law. The book then goes on to explore the relevant provisions in international treaties including the International Covenant on Civil and Political Rights before looking at the role of regional organizations and human rights regimes including the European Court of Human Rights and the Arab human rights regime. Khalifa A. Alfadhel draws on the work of John Rawls in order to put forward a theoretical basis for the right to democracy.
Table of Contents
1. Introduction 2. The Right to Democracy in International Customary Law 3. The Right to Democracy in International Conventions – The International Covenant on Civil and Political Rights 4. The Substantive Right to Democracy in International Law 5. Democracy and the Citizen in the Philosophy of John Rawls 6. Conclusion
Khalifa A. Alfadhel is Assistant Professor of Public International Law at the University of Bahrain.