oa Comparative and International Law Journal of Southern Africa - The concept of democracy as an element of the European Convention

Volume 38, Issue 3
  • ISSN : 0010-4051



The aim of the contribution is to explain the function that the concept of democracy fulfils within the scheme of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. Democracy is an important concept to clarify, otherwise the convention cannot be fully understood or meaningfully applied. The explanation of the concept of democracy is attempted by developing a distinction between what is termed a 'democratic state' and a 'democratic society'. The implications of such a state and society are then characterised more closely.

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