ABSTRACT

Chapter 2 begins Part II by examining the general participatory rights that are present in international human rights law, these being the right to participate in public affairs and the right to self-determination. In both cases, these have traditionally been interpreted to endorse electoral democracy. In the case of a right to participate in public affairs, the chapter provides three arguments to extend the right to some direct participation in public affairs. The right may be interpreted to require direct participation where appropriate, any forms of direct participation that are practised fall under the article and must abide by human rights norms, and participation through freely elected representatives entails that citizens may engage in debate and lobby their representatives. The right to self-determination was intended to indicate that the will of the people should be followed and that this will can be identified in other ways other than through elections. Modern deliberative democratic theories identify ways of establishing the will of the people.