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Although democratisation can be a vital component of peace settlements, formulaic applications of supposed international norms of democratic governance are potentially counterproductive. Each conflict situation is different; many situations do not admit of prefabricated solutions that one can justly expect all reasonable contestants to accept, either at the outset or as events develop. Procedural standards associated with the ‘democratic entitlement’ obscure the underlying purposes that democratic forms, to be meaningful, need to fulfil. Post-conflict conditions, typically marked by sharp social divisions and a lack of agreement on the political community’s basic premises, are precisely the conditions in which it cannot be taken for granted that standard procedural norms will work to produce democratic social realities. Improvisation is thus essential. Peace and democracy may both be better served if the international lawyers stand aside.
The conclusion summarises the Convention's commitment to a liberal, representative and substantive democracy and highlights how the Convention might be interpreted to support more deliberative, participatory and inclusive models of democracy,
This chapter examines different theories of democracy, highlighting the relevance of liberal, representative and substantive democracy for the European Convention on Human Rights. It outlines deliberative, participatory and inclusive models of democracy that address limitations of liberal representative democracy.
Law, Democracy and the European Court of Human Rights examines the political rights jurisprudence of the European Court of Human Rights. It discusses how the Court supports a liberal representative and substantive model of democracy, and outlines the potential for the Court to interpret the Convention so as to support more deliberative, participatory and inclusive democratic practices. The book commences with an overview of different theories of democracy and then discusses the origins of the Council of Europe and the Convention and presents the basic principles on the interpretation and application of the Convention. Subsequent chapters explore issues around free expression, free assembly and association, the scope of the electoral rights, the right to vote, the right to run for election and issues about electoral systems. Issues discussed include rights relating to referendums, voting rights for prisoners and non-nationals, trade union rights and freedom of information.
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