Open AccessFor the Rights of "Nobodies": the Globalising Tension between Human Rights and Democracy
Author(s) -
Koji Teraya
Publication year - 2007
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v38i2.5528
Subject(s) - democracy , human rights , nationality , ideal (ethics) , political science , law and economics , law , fundamental rights , project commissioning , international human rights law , democratic deficit , publishing , sociology , immigration , politics
In this article, the author suggests that democracy should not be accepted as a wholly positive ideal without question, examining in particular the assumption that democracy always ensures the protection of human rights. To highlight this concern, the author focuses on the creation of “Nobodies” – individuals within democratic states that are expelled and, as a result, are deprived of human rights, including those who are deprived of nationality and those who are expelled by the operation of law, concluding that blind efforts to reduce “democratic deficit” may in fact aggravate the violation of Nobodies’ rights.