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Totalitarianism and Democracy as extreme points of Constitutional Law / Dmitry Dedov

Dedov, Dmitry, 1967-

New developments in Constitutional Law / ed. by Iulia Motoc, Paulo Pinto de Albuquerque, Krzysztof Wojtyczek . - The Hague : Eleven International Publishing, 2018 . - ISBN978-94-6236-758-6 . - p. 59-72

There are several different concepts of human rights and fundamental freedoms set up in the constitutional law. They concern either internal or external aspects of sovereignty. Initially, the concept was aimed to restricting state power, so that the power cannot be applied arbitrarily. Recently, another concept called "Responsibility to Protect" was initiated by the International Commission on Intervention in State Sovereignty, which seemed to be the development of the first one. The idea was to recognize that sovereign states have a primary responsibility to protect their citizens from the most serious crimes against humanity like genocide, ethnic cleansing and war crimes. Where the states fail to perform this obligation, then the international community has the right to intervene. It was suggested that the sovereignty, thus, is to be derived from humanity, where the human rights must be respected and promoted. The sovereignty in this concept is being used as a multipurpose phenomenon. It includes state power, independence and the delegation of power from population for a strictly determined policy - to protect all members of the society. But in practice the serious crimes against humanity may happen in states that are considered sovereign and democratic. I would try to explain that a lack of democracy, and no sovereignty, leads to crimes against humanity, and that if there is no democracy, then sovereignty could not exist anymore. [Da introd.]

direito constitucional; direitos fundamentais; direitos humanos; democracia; soberania nacional; separação de poderes

04.06 QUADRO POLÍTICO

12.06.4 DIREITO CONSTITUCIONAL

12.06.4 - 357/2020

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