¿Derechos humanos sometidos a referéndum?: superando la regla de las mayorías desde la progresividad de los derechos humanos

The basic premise of this article is to question the so-called rule of the majority and its immediate application without taking into account the particularities of each referendum. Everything is explained based on the doctrine of human rights and the study of particular cases. It presents the reade...

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Bibliographic Details
Main Author: Carballo Madrigal, Arturo
Format: Article
Language:Spanish
Published: 2016
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=5597739
Source:Revista de Derecho Electoral, ISSN 1659-2069, Nº. 21, 2016
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Summary: The basic premise of this article is to question the so-called rule of the majority and its immediate application without taking into account the particularities of each referendum. Everything is explained based on the doctrine of human rights and the study of particular cases. It presents the reader with case studies that support the theoretical construction of what the author calls “progressive” and “regressive” referenda. Said classification is more thoroughly explained form the particularities of each sub-classification in referenda that were carried out or proposed in Bolivia, Costa Rica, Ireland and the United States of America