نوع مقاله: مقاله علمی-پژوهشی

نویسنده

استادیار دانشکده روابط عمومی و بین الملل ، دانشگاه ADA. جمهوری آذربایجان

10.22096/hr.2020.121446.1192

چکیده

The key problem addressed in the paper is that of the legal pluralism, more specifically the pluralism of legal systems within one state that pursues the accommodation of religious freedom claims. In its controversial Refah decisions the Strasbourg Court held that the prohibition of the Turkish Welfare Party was “necessary in a democratic society” because its plan to set up a plurality of legal systems was not “compatible with fundamental democratic principles” . This paper tries to inquire into the notion of legal pluralism, tries to test normative assumptions made by the Court in its regard and argues that a “no plurality” approach would be overly simplistic and that a liberal approach would require different degrees of pluralization (some of which already exist to accommodate differences and diversity within a society) to be extended to religion, without however endangering constitutional democracy.

کلیدواژه‌ها

عنوان مقاله [English]

Plurality of Legal Systems and Democracy

نویسنده [English]

  • Javid Gadirov

Assistant Prof. at School of Public and International Affairs, ADA University. Republic of Azerbaijan

چکیده [English]

The key problem addressed in the paper is that of the legal pluralism, more specifically the pluralism of legal systems within one state that pursues the accommodation of religious freedom claims. In its controversial Refah decisions the Strasbourg Court held that the prohibition of the Turkish Welfare Party was “necessary in a democratic society” because its plan to set up a plurality of legal systems was not “compatible with fundamental democratic principles” . This paper tries to inquire into the notion of legal pluralism, tries to test normative assumptions made by the Court in its regard and argues that a “no plurality” approach would be overly simplistic and that a liberal approach would require different degrees of pluralization (some of which already exist to accommodate differences and diversity within a society) to be extended to religion, without however endangering constitutional democracy.

کلیدواژه‌ها [English]

  • Plurality
  • democracy
  • Legal Systems
  • human rights
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