The promise of human rights: Constitutional government, democratic legitimacy, and international law

Combating Illegal Organ Transplantation Under International Human Rights Law

Despite the fact that the concepts of organ transplantation and organ trafficking seem two completely distinct categories at first glance, sometimes they overlap with each other. This is especially in cases in which organ transplantation occurs from one country to another and for a financial exchange. There are two general indicators for determining the distinction between organ transplantation...

The Rule of Law and the Legitimacy of Constitutional Democracy

The rule of law is a cornerstone of contemporary constitutional democracy1 as was underscored by its role in cementing the recent transitions from authoritarian or totalitarian regimes2 to constitutional democracy in Eastern Europe and elsewhere.3 In the broadest terms, the rule of law requires that the state only subject the citizenry to publicly promulgated laws, that the state’s legislative ...

International law, human rights and HIV/AIDS.

This article explores the relevance of international human rights law in the response to the HIV/AIDS epidemic at national and international levels. Public health advocates can use arguments based on this body of law to promote responses to HIV/AIDS that reflect sound public health principles and documented best practice. Development assistance is increasingly linked to rights-based approaches,...

The Promise of International Law

Deliberation and Democratic Legitimacy

Joshua Cohen In this essay I explore the ideal of a 'deliberative democracy'.1 By a deliberative democracy I shall mean, roughly, an association whose affairs are governed by the public deliberation of its members. I propose an account of the value of such an association that treats democracy itself as a fundamental political ideal and not simply as a derivative ideal that can be explained in t...