Authority: From a Human Rights Perspective
28 American Journal of Jurisprudence 64 (1983)
16 Pages Posted: 14 Jun 2014
Date Written: 1983
This short article addresses authority from a human rights and jurisprudential perspective and demonstrates that the standard of legitimate government under human rights law, including self-determination, is the “will of the people” demonstrated through a relatively free and open democratic process of participation. Primary authority remains in the people and governments have delegated or representative authority. This concept of authority is one that had been generally shared by the Founder and Framers of the United States Constitution.
Keywords: access, authority, community, Constitution, democracy, dignity, equal, expectations, government, human right, jurisprudence, participation, primary authority, process, representative authority, self-determination, the people, Universal Declaration, will of the people
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