Despite the proliferation of declarations, covenants, and other international agreements in the majority of countries in today's world, human rights still are an ideal rather than the norm. Likewise, the presence of human rights in constitutions does not translate into actual respect for all human rights. In truth, the protection of rights requires more than ratified conventions, constitutions, or even independent judiciary. It depends primarily on the character of a political system and on the social conditions and beliefs about the political system that prevail among the elites and common citizens.

Historical experience and a review of the violations in today's world suggest that human rights are better protected in political systems based on the principle of separation of powers and with checks and balances that prevent excessive concentration of political power. Ever since the writings of Baron de Montesquieu and James Madison, it has been well known that without separation of power the rights of individuals and minorities cannot be effectively protected.

One such check consists of independent courts to which citizens can bring complaints about violations. The courts, however, often are subordinated to the executive. Almost everywhere courts depend on executive power for the enforcement of their decisions. The implementation of constitutional decisions, in turn, is up to the legislature. Hence, the mechanisms that make legislatures respect the decisions of constitutional courts and replace unconstitutional laws with new statutes are indispensable for the protection of rights.