Democracy is a subject which is spoken and written about a lot. The source of the idea is not usually considered to be controversial. Nevertheless, the way in which it is interpreted remains very different today. Consequently, the idea of the democratic rule of law remains different. Hans Kelsen, one of the most acclaimed theorists of law in the previous century, belongs to that kind of scientists and writers at the same time, whose works are used and cited very often. This is not because his remarks still have the value of being relevant, but mainly because of the fact that he did not hesitate to stand first by the side of rights and freedom of an individual and just then by the side of a state, which was very uncommon of a theorist of law and political science. It should be repeated over and over again that democracy at its best is a factor holding individuals together. Individuals who are conscious of their rights and freedom.