Kutafin University Law Review

(KULawR)

academic peer-reviewed law journal


In issue 1 on 2017 year

REFERENDUM AND HUMAN RIGHTS

DOI: 10.17803/2313-5395.2017.1.7.076-090

Author: Phan Nhat Thanh

Rubric: INTERNATIONAL LAW OF HUMAN RIGHTS

Annotation: By studying the relation between human rights and a referendum, the author of this paper comes to the conclusion that a referendum may have both negative and positive impacts on human rights. The referendum offers, on the one hand, direct democracy. On the other hand, the referendum may increase the number of issues in relation to discrimination against minority groups or minority democracy (Referendums are dominated by elite groups). It also risks consequences including potential unconstitutional impact and its affect to constitutional rights of citizens and limits the right of the Representative Government. Nevertheless, the paper argues that the referendum is, on balance, a net contributor to the human rights development extending democracy for citizens in terms of political and civil rights. This support is based on democratic arguments, as well as obligations incurred by governments that are member states to international human rights conventions and, thereby, committed to implementing relevant provisions.


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Keywords: International law, referendum, human rights, treaties, constitution

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