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> So the human rights violation is essentially being committed by the population themselves. Yes, but people have the right to sue the population itself. Usual
by GuB-42 3y ago
> So the human rights violation is essentially being committed by the population themselves.
Yes, but people have the right to sue the population itself. Usually the legal system comes with ranks, and if a higher rank rule contradicts a lower rank rule, the higher rank rule prevails. Usually the constitution is at the top, then come international treatises, laws, then contracts. So if a law has been voted by the people and it contradicts the constitution or a treaty that has been signed, people can complain.
Imagine, say in the US, a state decides to pass a law reinstating slavery, and for some reason, there is a majority of supporters (because the would be slaves are a minority), and the law passes. Anyone can can then complain and have the law repealed even if it was accepted by the majority, because it contradicts the constitution. The constitution can be changed too, but the requirements are much more stringent than a simple majority.
- MichaelZuo 3y agoChanging the constitution in Switzerland has a very low bar, I actually cant think of another country where it's easier.