000 01279cam a2200157 4500500
005 20251214025803.0
041 _afre
042 _adc
100 1 0 _aAfroukh, Mustapha
_eauthor
245 0 0 _aRule of law and democracy: the perspective of European human rights law
260 _c2025.
500 _a33
520 _aContrary to popular belief, the rule of law is not an obstacle to democratic expression. It is its precondition. This is particularly taught by the European Convention on Human Rights (ECHR), which sees the rule of law and democracy in a logic of mutual enrichment. Such a relationship is evident when the European Court of Human Rights (ECtHR) considers judicial review, characteristic of the rule of law, as "complementary to the democratic process", implying a more sustained attention to the role of national legislators. Similarly, breaches of the rule of law cannot be wholly separated from the democratic question. In this sense, the rule of law allows for the respect of essential rights that preserve the fundamental democratic foundation.
786 0 _nLes Cahiers de la Justice | 3 | 3 | 2025-11-25 | p. 383-394 | 1958-3702
856 4 1 _uhttps://droit.cairn.info/journal-les-cahiers-de-la-justice-2025-4-page-383?lang=en&redirect-ssocas=7080
999 _c1572988
_d1572988