Direkte Demokratie und Menschenrechte
AbstractThere is a basic tension between the principle of democracy and the rule of law. This becomes obvious whenever the Swiss citizens accept an initiative that is incompatible with the European Convention on Human Rights. First, we discuss the traditions behind these two principles before we survey the empirical papers about the relation between direct democracy and minority rights in the US as well as in Switzerland. Then we discuss the literature on the relation between direct democracy and death penalty. There, the conflict becomes rather obvious. Solutions, which will always involve compromises between these two principles, necessitate some role of the Supreme Court, at the cost of some, but only minor limitations of direct popular rights.
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Bibliographic InfoPaper provided by Center for Research in Economics, Management and the Arts (CREMA) in its series CREMA Working Paper Series with number 2009-18.
Date of creation: Sep 2009
Date of revision:
Direct Democracy; Human Rights; Constitution; Rule of Law;
Other versions of this item:
- Gebhard Kirchgässner, 2009. "Direkte Demokratie und Menschenrechte," University of St. Gallen Department of Economics working paper series 2009 2009-27, Department of Economics, University of St. Gallen.
- H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
- H72 - Public Economics - - State and Local Government; Intergovernmental Relations - - - State and Local Budget and Expenditures
- H74 - Public Economics - - State and Local Government; Intergovernmental Relations - - - State and Local Borrowing
This paper has been announced in the following NEP Reports:
- NEP-ALL-2009-09-26 (All new papers)
- NEP-CDM-2009-09-26 (Collective Decision-Making)
- NEP-GER-2009-09-26 (German Papers)
- NEP-POL-2009-09-26 (Positive Political Economics)
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