Article title The Human Right to Democracy as the Capstone of Law
Name of magazine Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language)
Issue 2/2013
Сторінки [51-72]
Annotation Democracy is not a necessary condition for the rule of law and especially the validity of human rights. At the same time without democracy and an individual claim to equal participation in democratic decisions both, the legal foundation of the state and the rights of the individual are incomplete, since both do not have a "co-originality" (J. Habermas) but the foundation in the freedom of the individual. This freedom is not fully respected, if the person is paternalistically donated rights, about which he or she had no chance to decide.
Keywords dignity, right to democracy, paternalism, participation in decision-making.
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