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Vol 21 No 10 Oct/Nov 2016

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Right to Democracy in International Law

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ISBN13: 9780773468528
ISBN: 0773468528
Published: April 2003
Publisher: The Edwin Mellen Press Ltd
Format: Hardback
Price: £109.95



In an age that has been dubbed a global era by reason of its import, Dr. Ibegbu's perspectives on democracy are liable to be noteworthy in the international community. First it breaches national boundaries that have shielded in humane pracices against men and women who have no democratic rights because each nation is deemed to be entitled to rule on how its citizens are govenered.

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Contents:
Table of Cases xi; Abbreviations xiii; Acknowledgment xv; Foreword xvii; Preface xix
Chapter One - Meaning of ""Democracy"" 1; Preamble 1; 1.1. - Problem of the Definition of ""Democracy"" 2; 1.2. - Brief Historical Survey 9; 1.3. - Etymological Meaning of ""Democracy"" 13; 1.4. - Meaning of ""People"" in Democracy 14; 1.5. - Meaning of ""Rule in Democracy 18; 1.5.1. - Democracy as Government by the People or Their Elected Representatives 18; 1.5.2. - ""Democracy"" as People's Consent to a Political Regime 19; 1.5.3. - ""Democracy"" as Government Based on the Will of People 21; 1.5.4. - ""Democracy"" as Participation in Government Through Periodic Elections 22; 1.5.5. - ""Democracy"" as Observance of Human Rights and Fundamental Freedoms 24; 1.5.6. - Summary 25; 1.6. - Definition of Democracy 25; 1.7 - Analysis of the Right to Democracy 26; 1.7.1. - ""Every Citizen"" 27; 1.7.2. - ""Right to Take Part in the Conduct of Public Affairs"" 28; 1.7.3. - ""Directly or Through Freely Chosen Representatives"" 28; 1.7.4. - Periodic Election 30; 1.7.5. - ""Universal and Equal Suffrage"" 33; 1.7.6. - Secrecy of Vote 36; 1.7.7. - Equal Access to Public Service 38; 1.8. - Other Essential Features of Democracy 41; 1.8.1. - Sovereignty of the People 41; 1.8.2. - Parliament as the Supreme Lawgiver 45; 1.8.3. - Control over the Exercise of Political Authority 45; 1.8.4. - Political Pluralism or Multi-party System 46; 1.8.5. - Supremacy of the Constitution in Democracy 51; 1.8.6. - Principle of Separation of Power 53; 1.8.7. - Principle of Majoritarian Rule 55; 1.8.8. - Protection of Human Rights as Superior Norms in Democracy 57; 1.8.9. - Modern Democracy is Based on the Rule of Law 63; 1.8.10 - Judicial Review 66; 1.9. - Basis of the Right to Democracy 68; 1.9.1. - Consensualism 69; 1.9.2. - Principle of Human Dignity 75; 1.9.3. - Freedom as the Basis of the Right to Democracy 78; 1.10. - Civil Rights Connected with the Right to Democracy 80; 1.10.1. - Right to Assembly 80; 1.10.2. - Right to Association 81; 1.10.3. - Right to Freedom of Expression 81
Chapter Two - Establishment of The Right to Democracy in International Law 83; Preamble 83; 2.1. - Conventional Obligation of Right to Democracy 85; 2.1.1. - The Concept of Treaty 85; 2.1.2. - Right to Democracy in International Treaties 88; 2.1.3. - Right to Democracy Derived from the Right to ""Internal Self - Determination"" 91; 2.2. - General Principles of Law as a Primary Source of Right to Democracy 96; 2.2.1. - Meaning of the General Principles of Law 98; 2.2.1.1. - Principles of Natural Law 98; 2.2.1.2. - Hierarchical Status 103; 2.2.1.3. - Generality Not Universality 106; 2.2.1.4. - Recognition by National Laws 108; 2.2.1.5. - Establishment by Comparative Method 111