Les droits contre les pouvoirs - reparation au garantisme

Abstract

In the context of the legal and political theory of democracy, sociologist Eligio Resta's book: "Powers and rights" attributes new significance to the concept of a legal guarantee. He adopts a definite position regarding this issue, proceeding to define democracy in terms of the relationship between powers and rights. His explanation of democracy in complex societies pivots upon the necessary subordination of the exercise of power to the respect for basic rights; highlighting the inevitable restrictions which the attempt to guarantee basic rights places on political action. Resta writes about a pattern of complex, dynamic equilibrium. He also elaborates a highly original theory of "brotherly right;" which tries to establish a theoretical foundation for the construction of rights which is not based on violence.