Democracy and Human Rights

Abstract

Human rights and democracy are, today, indissoluble elements of the political reality. However, there are differences of origin and function between the two notions that they can, eventually, cause tensions and difficulties, especially when we try to attribute to the “majority principle” unlimited powers, including the determination and configuration, even pejorative, of the fundamental rights. this risk comes from adopting a purely “formal” or “procedural” conception of democracy, so it is necessary to affirm a “substantial” notion of it, in which fundamental rights are recognized. On the one hand, as a limit to the state power, whatever the source of legitimacy of it, and on the other hand, as indispensable ingredients for the free exercise of political rights on which democracy is based.