Safeguarding Citizens’ Constitutional Rights through the Balance of Powers: An Analysis from the Perspective of the European Convention on Human Rights

Abstract

The protection of constitutional rights requires more than their formal recognition in domestic constitutions and international human rights instruments; it also depends on institutional arrangements capable of preventing the concentration and arbitrary exercise of public power. This article examines the role of the balance of powers in safeguarding citizens’ constitutional rights within the framework of the European Convention on Human Rights. It focuses on the relationship between the separation of powers, the rule of law, judicial independence, judicial supervision, subsidiarity, the margin of appreciation, and proportionality. The analysis shows that the Convention system establishes a multilevel structure of rights protection in which national institutions retain primary responsibility for securing fundamental rights, while the European Court of Human Rights provides subsidiary supervision when domestic mechanisms fail to offer adequate protection. Particular attention is given to the role of independent courts in controlling legislative and executive action and to the importance of proportionality in balancing individual rights against legitimate public interests. The article also examines the manner in which subsidiarity and the margin of appreciation preserve national constitutional autonomy while maintaining minimum European standards of protection. It argues that the effectiveness of the Convention depends on maintaining an appropriate equilibrium between national discretion and European judicial control. This equilibrium is particularly important in relation to the right to liberty and security, the right to a fair trial, freedom of expression, and the right to privacy. The findings indicate that the balance of powers should be understood not merely as an organizational principle of constitutional government, but as a substantive mechanism for protecting individuals against arbitrary state action. Strengthening judicial independence, effective domestic remedies, and compliance with European Court judgments remains essential for ensuring sustainable protection of constitutional rights.