Document Type

Article

Disciplines

International Law

Abstract

The transition from dictatorship to democracy is a long and arduous process in the evolution of any society. Indeed, such transitions, although crucially important for the well-being of millions of people, are problematic at best. While the 1980s, 1990s, and the opening decade of the twenty-first century have witnessed the slow movement from authoritarian regimes to fledgling constitutional democracies in many nations, this process is far from complete. It remains much debated in concept and fragile in practice.

The dramatic expansion of interest in the ideas of constitutionalism, the rule of law, democracy, and human rights in diverse parts of the world has given rise to the need to examine, in greater depth, the varied forms which law and institutions designed to promote human rights and government by and for the people can take. Moreover, this wave of democratization has brought a renewed interest in justificatory theories and conceptions of democracy. These theories are crucial for helping change authoritarian regimes into democratic ones. But there is a caveat to offer. Before one can undertake this analysis, one must understand the promise and significance of human rights to a democracy. Indeed, there is an intimate relationship between human rights and the creation of a democracy.

In this essay, I wish to develop this relationship by looking at some of the breathtaking difficulties, and possible solutions to them, in the movement from authoritarianism to democracy. I do this by exploring the theoretical and practical relationships between the economic, social, political, and legal dimensions within the context of justificatory theories of democracy. In general, I use Haiti as the specific example when analyzing these issues. In Part I, I introduce the Haitian dilemma by looking at the recent devastating earthquake that struck Haiti on January 12, 2010. In Part II, I examine the theoretical problems associated with the concept of human rights. In Part III, I explain my conception of democracy. This preliminary conception is developed as a justification for democracy and thus as a basis for examining the transition process. It is also useful for suggesting changes in the structures of these societies which, I believe, will protect human rights and allow people a serious opportunity to experience democracy. In Part IV, I sketch out the significant problems of consolidating a democracy. Part V examines the macro and micro changes that are needed for creating the conditions that will help produce morally correct results to the seemingly insoluble problems associated with the transition process. Part VI suggests the importance of a constitutional adjudicative tradition to the development of a democracy. In part VII, I suggest specific ways to encourage the Haitian people and the international community to help Haiti recover from the devastation of the earthquake and to move towards democracy. Finally, in Part VIII, I discuss the international and Haitian government response to the earthquake. If properly approached, the resolution of these issues should strengthen the chance for the blooming of democratic regimes in Haiti and even worldwide.

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