人权公投:“人民意志”与基本权利之间的不协调?

IF 1.7 2区社会学 Q1 LAW

Netherlands Quarterly of Human Rights Pub Date : 2020-06-01 DOI:10.1177/0924051920923614

Ignatius Yordan Nugraha

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引用次数: 0

摘要

作为提高民主质量和加强公民参与决策努力的一部分，公民投票和民众倡议在世界许多地方激增。然而，即使在2010年代民粹主义民族主义兴起之前，公投就已经成为一种限制各种权利的武器。此外，“人民的意志”和人权之间的并置，再次引发了对直接民主的经典批评，即它构成了“多数人的暴政”，可能会侵蚀少数人的权利。考虑到这些问题，本文旨在通过实证主义视角分析人权公投与国际人权法之间的不协调。总目标是确定各国是否有事先义务防止就违反人权的主题事项进行全民投票。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Human rights referendum: Dissonance between ‘the will of the people’ and fundamental rights?

Referendums and popular initiatives have proliferated in many parts of the world as part of the effort to improve the quality of democracy and enhance citizen participation in policy making. However, even before the surge of populist nationalism in the 2010s, referendums have become a sort of weapon to restrict various rights. Furthermore, the juxtaposition between ‘the will of the people’ and human rights has once again brought back the classical criticism against direct democracy that it constitutes ‘a tyranny of the majority’ that could erode minority rights. With these concerns in mind, this paper is written to analyse the dissonance between human rights referendums and international human rights law through a positivist lens. The overall goal is to determine whether States have an ex ante obligation to prevent a referendum on a subject matter that is contrary to human rights.

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来源期刊

Netherlands Quarterly of Human Rights LAW-

CiteScore

2.40

自引率

6.20%

发文量

期刊介绍： Human rights are universal and indivisible. Their fundamental importance makes it essential for anyone with an interest in the field to keep abreast of the latest developments. The Netherlands Quarterly of Human Rights (NQHR) is an academic peer-reviewed journal that publishes the latest evolutions in the promotion and protection of human rights from around the world. The NQHR includes multidisciplinary articles addressing human rights issues from an international perspective. In addition, the Quarterly also publishes recent speeches and lectures delivered on the topic of human rights, as well as a section on new books and articles in the field of human rights. The Quarterly employs a double-blind peer review process, and the international editorial board of leading human rights scholars guarantees the maintenance of the highest standard of articles published.