Abstract

This article aims to demonstrate the important links that exist between democracy, human rights and philosophy. It presents the Swiss political system, which is constantly subjected to a tension between the respect of human rights and the respect of democracy, due to its semi-direct system of democracy. This article also highlights clearly the international relevance of the Swiss problem. Moreover, this contribution shows how much the question analysed is rooted in Western political philosophy and is, therefore, not ‘purely’ legal. Keywords: political philosophy, human rights, democracy, law and politics, constitutional law, mandatory provision of international law, Switzerland.