Abstract

SAHUI MALDONADO, Alejandro. Disagreements on rights Waldron and Dworkin on parliaments and courts. Andamios [online]. 2017, vol.14, n.35, pp.159-185. ISSN 2594-1917.

This paper analyses the complex relationship between democracy and human rights in the framework of the Constitutional State, based on the work of Ronald Dworkin and Jeremy Waldron. As is known, both authors emphasize the role of public disagreements about Law, but propose different ways to respond institutionally to them. Considering the interest in inclusive participation of all people, that both Waldron and Dworkin derive from the principle of equal consideration and respect, it assumed that Courts are in a better position to respond the demands of the minorities and disadvantaged groups.

Keywords : Democracy; Human Rights; Parliaments; Courts; minorities.

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