Igualdad política y acceso a la competencia electoral de candidatos independientes: el caso Jorge Castañeda Gutman
The text is a reflection on the position of the Inter-American Court of Human Rights regarding the equal political rights of people who aspire to run in elections as candidates independent of political parties. There is no doubt that in most democracies people distrust parties by attributing to them...
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| Format: | Article |
| Language: | Spanish |
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2019
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7103677 |
| Source: | Ciencia jurídica, ISSN 2007-3577, Vol. 8, Nº. 15, 2019 (Ejemplar dedicado a: enero-junio 2019), pags. 77-91 |
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| Summary: |
The text is a reflection on the position of the Inter-American Court of Human Rights regarding the equal political rights of people who aspire to run in elections as candidates independent of political parties. There is no doubt that in most democracies people distrust parties by attributing to them a distancing from people and the public interest. Parties have become an elite that responds to oligarchic and class interests, primarily refractory to individuals and groups whose claims could jeopardize their hegemony. Within the framework of this type of criticism, the right of people to access electoral competition without a partisan nomination is questioned, but also the opportunity for the rest of the citizens to have more plural alternatives. In the case of Castañeda Gutman, however, the Court held that it is not contrary to the Convention, and that it does not infringe on the political rights that each country may determine through its electoral legislation, the rules of access to political competition, if they are not excessive or discriminatory. |
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