Reconstructing the Roles of Human Rights Treaty Organs under the ‘Two-Tiered Bounded Deliberative Democracy’ Theory

Abstract

Abstract Growing concern for the democratic legitimacy of human rights treaty organs calls for the construction of an autonomous conception of ‘democracy’ as a constitutional principle of human rights treaties, and the reconstruction of the roles of treaty organs per that conception. This study responds to this call by proposing an original ‘two-tiered bounded deliberative democracy’ theory that harmonizes human rights with democracy globally. This theory gives priority to national deliberations while setting certain frameworks and limits on them based on the principles and values that have been firmly established through international deliberations, including human rights treaty standards. The theory not only appropriately explains the roles of treaty organs within the conception of democracy but also offers a comprehensive normative framework to guide their roles and interactions with other actors. Even for those who champion different versions of democracy, it offers a solid basis for constructive discussions and fruitful engagement.