The Principle of Balance in Court Work and Correlation with Democracy

The research considers the importance of principle of Balance for the observance of democracy. It has been proved that, when the state bodies, elected by the people, restrict the individual rights it may be done in the public interests and a person, the specific legal right of which is restricted, is not deprived of it ?it is a minimum constriction of the right which is not narrower than a mandatory conventional level in assordance with the legal goal. It has been emphasized that ECPL (European Court on Human Rights) interprets the principle of balance as a necessity of searching a fair balance between the general interests and the demand for the fundamental rights for a concrete individual; reasonable proportions should be observed concerning the means used and the goals achived. It has been concluded that Court considers a fair balance of the public interests and the interests of an individual as the basic requirement of democracy.