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Law and Philosophy

Brooklyn Law School

Brooklyn Journal of International Law

2018

Populism; Democracy; Human Rights; Voting; Free Speech; Politics; Donald Trump; Electoral Law; Media; Penal Law; Death Penalty; Jus Cogens; Social Media; Liberal Democracy; Morality; Human Dignity; Sovereignty; Africa; Accountability; Checks and Balances; Government; Political Leaders; Constitutionalism; Justice; Judicial Populism; Customary International Law; Sociology; Political Science; Torture; Policy; State Responsibility; Freedom of Expression; Right to Participate in Politics; Right to Vote; United States; Justice System; Electoral Process; Candidacy; Liberal Democracy; Robert Mugabe; Internatoinal Criminal Court; ICC; United Nations; UN; Convention Against Torture; CAT; European Court of Human Rights; ECHR; International Convenant on Civil and Political Rights; ICCPR; Universal Declaration on Human Rights

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When At Loggerheads With Customary International Law: The Right To Run For Public Office And The Right To Vote, Thompson Chengeta Jun 2018

When At Loggerheads With Customary International Law: The Right To Run For Public Office And The Right To Vote, Thompson Chengeta

Brooklyn Journal of International Law

Many populist demagogues in America and Europe have spoken; and continue to speak; against human rights in their campaigns for political office. This article discusses the factors that have contributed to the current wave of populism; and the nature of the challenges that are presented by populism to democracy; human rights; and constitutionalism from an international human rights law perspective. It also focuses on President Donald Trump; who was voted President of the United States; even after he clearly and publicly indicated his support for torture and his intentions to approve it in the United States. To that end; the …