Public Decisions and Effectiveness of Human Rights
by Vito Iorio
pp. 362-384 Issue 11 (6,1) – January-June 2019 ISSN (online): 2539/2239 ISSN (print): 2389-8232 DOI: http://dx.doi.org/10.14718/SoftPower.2019.6.1.17
Abstract
The complexity of the relations between contemporary legal systems implies a linking problem between the decision-making process and the recipients of the decisions, considering the growing uncertainty of acknowledging the convergence between the decision-makers and the recipients of those, that doesn’t find enough representation in the synthetic scheme of procedural democracy and in the free acceptance of power. The recipients of the decisions, coming from the institutions that de facto have the power to assume, related to the criteria of distribution of the rights and of the most essential ones, are not embodying the status of ‘citizenship’, or it is assumed in a very limited form.
In the work, adopting the neo-contractual theory of J. Rawls and assuming as prioritary the problem of effectiveness, are examined all the aspects of the not perceived violation of the basic principle Quod omnes tangit ab omnibus approbari debet, in the framework of the close and ineluctable bond among the effectiveness of the law systems, the effective guarantee of the basic human rights, the concept of democratic citizenship and the the concept of democracy itself.