Confronted by the charge of depoliticisation levelled at human rights frameworks and
interventions, I investigate the possibility of a politics of human rights at the core of
democratic politics. In doing so, I am guided by Hannah Arendt’s reconstitutive critique,
and Claude Lefort’s analysis of political modernity, which could be seen to converge
in a justification of a ‘politics of human rights’ and, even more specifically, of ‘the
political’ of human rights. Central in this regard is Arendt’s postulation of “the Right
to have rights”, which would meet the criteria for “equaliberty” (Balibar), a symbolic
division (Lefort), and intensive universality (Balibar), which, in turn, circumscribe the
concept of ‘the political’.
Modiri, J.S.M. (Joel)(Faculty of Law, North West University, 2013)
In this note, a theoretical analysis and critique of the recent Supreme Court of Appeal (SCA) judgment of Erasmus AJA in BoE Trust Limited is presented. In it I offer two parallel but necessarily intersecting criticisms ...
Baribonekeza, Jean-Baptiste(University of Pretoria, 2006)
"As will be seen, the OAU Refugee Convention contains many provisions which, if not properly construed, might lead to a great curtailment of refugees' political rights. Yet the right to participate in the government of ...
Chingore, Nyasha Constance(University of Pretoria, 2005)
"Elections form a key component of democratic governance. Democracy denotes a political system that, among other things, allows citizens to freely choose their government over time through credible, legitimate and acceptable ...