Construcción del "trato igual" o "dilema de la democracia"
DOI:
https://doi.org/10.5347/42.2015.85Keywords:
rights, democracy, equal treatment, political community, access to justice, due processAbstract
Construction of Equal Treatment or Dilemma of Democracy
The article explores the relations between law, democracy and equal treatment, developing in the way the meaning of notions such us “political community”, “political acts” or “rights” and setting forth a specific understanding of what could be properly called “democratic rights” in whose context the right to have equal access to judicial protection plays a crucial role. The analysis combines inquiry at the level of legal language with inquiry at the philosophical, philological, historical and sociopolitical levels, in congruence with the idea that historical sources (social facts and their theoretical explanation) are axes that encircle both legal life and the democratic game (where it exists).
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2015 Isonomía - Revista de teoría y filosofía del derecho
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
ITAM, the publisher, has the copyright of published articles and remaining types of publications. Publications are in open access and licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. That means, among other things, that authors can freely share their articles, once published in Isonomía, on their personal web pages, Academia.edu, etc.. Between formal acceptance and online publication, authors can share the final drafts of their articles. In contrast, authors must seek permission to reproduce or reprint work, and mention, in the first footnote, "previously published in Isonomía, year, n. x, pp. xx-xx"..