An Undemocratic Guardian of Democracy: International Human Rights Complaint Procedures

Victoria University of Wellington Law Review, Vol. 38, 2007

18 Pages Posted: 29 Sep 2015

See all articles by Shotaro Hamamoto

Shotaro Hamamoto

Kyoto University - Faculty of Law

Date Written: July 1, 2007

Abstract

This paper discusses the individual complaints procedures established pursuant to international human rights treaties such as the International Covenant on Civil and Political Rights. It discusses the bases on which these systems have been criticised as undemocratic. After considering how these democratic failings could be ameliorated through greater involvement of domestic parliaments, it questions this narrow view of democracy that looks only to parliamentary involvement, suggesting instead that apparently undemocratic individual complaints procedures can actually have a beneficial "democratising" effect.

Suggested Citation

Hamamoto, Shotaro, An Undemocratic Guardian of Democracy: International Human Rights Complaint Procedures (July 1, 2007). Victoria University of Wellington Law Review, Vol. 38, 2007, Available at SSRN: https://ssrn.com/abstract=2666834

Shotaro Hamamoto (Contact Author)

Kyoto University - Faculty of Law ( email )

Yoshida-Honmachi
Sakyo-ku
Kyoto, 606-8501
Japan

HOME PAGE: http://www.hamamoto.law.kyoto-u.ac.jp

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