Fundamental Rights as the Basis for Democracy in Europe

Abstract

The protection of fundamental rights and democratic participation are two important pillars of legitimacy of political sovereignty. The preamble of the European Convention on Human Rights itself confirms the existence of a mutual interdependence between democracy on the one hand and human rights on the other. This contribution aims to discuss the two main aspects of this relationship: the importance of fundamental rights for securing democracy and freedom as well as democracy as a basis for fundamental freedoms. It further analyses the role of European and international law as well as constitutional courts in protecting fundamental rights and democracy.