Abstract

JIMENEZ MORA, Elizabeth. The Core Elements of Representative Democracy within Inter-American Law. Anu. Mex. Der. Inter [online]. 2021, vol.21, pp.93-123.  Epub Jan 21, 2022. ISSN 1870-4654.  https://doi.org/10.22201/iij.24487872e.2021.21.15589.

From the Inter-American instruments and agreements it is possible to identify the relevance of democracy for the States of the Americas. However, this is not a clear concept, consequently this paper presents the minimum rights that have to be protected in order to consider a regime as democratic. The present paper builds the connection between the theory of democracy and the law, concluding that a representative democracy requires American States to guarantee some minimum standards to protect and guarantee: 1) equality; 2) freedom of assembly; 3) freedom of expression; 4) political rights, and 5) judicial independence. The five elements mentioned constituted the minimum core of representative democracy, but they are not the only rights important for a democratic regime.

Keywords : democracy; equality; freedom of assembly; freedom of expression; political rights; judicial independence.

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