Communicative Discourse Strategy in Constitutional-iegal Proyection of Human Rights

The article shows that human rights protection axiology in the contemporary world is based primarily on the perception of non-participatory (elitist) democracy. The dominant strategy of the elective state bodies is the constitutionalization of human rights' norms aimed on their judicial protection. The author argues that the disadvantage of such strategy is the permanent threat of human rights' restriction coming from the state. In his opinion, it is necessary to prevent that threat not through making the particular institutional improvements, but through appropriating values of deliberative democracy. Based on such assumption, the author describes different forms of manifestation of the deliberative democracy in human rights' axiology. He underlines the value of citizens' control and other forms of citizen participation for human rights protection.

Abstract licence: CC BY-NC-SA

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