Resumen de État de droit, démocratie et droit international
This article deals with the interrelation between the international public law and the constitutional law. In particular, its purpose is to analyze the role played by the concepts of “rule of law” and “rule of justice” in the main international conventions and declarations, paying specific attention to international human rights treaties.
Starting from a definition of the two aforesaid concepts, the author focuses on how the “rule of law” and the “rule of justice” have been subject to codification in the international conventions and declarations. It also highlights the manner in which they are representing, for the public international law, principles and goals necessary to achieve the respect of human rights.
However, codifying their respect as a goal for international law it is not enough to guarantee their effectiveness. As a consequence, it becomes essential to establish a monitoring system to assure their enforcement. For this reason, in the last part of the paper, the author examines the United Nation’s normative actions specifically aimed at enforcing the “rule of law”, describing the operational activities of its bodies directed to promote the “rule of justice”.
