Parliamentary Democracy by Default: Applying the European Convention on Human Rights to Presidential Elections and Referendums
Journal: Jus Cogens
Year: 2020

Abstract This paper is concerned with the Convention’s “democracy clause,” that is Article 3 of Protocol No. 1, which provides for the right to free elections. Why should it be described as a “democracy clause” and what is its significance for today? The paper first sketches out the drafting history, which reveals that while the framers were keen to preserve their inherited domestic institutions, they also thought it crucial to promote democracy. The Convention invokes but does not define democr