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Militant Democracy in Austria

open access: yesUniversity of Vienna Law Review, 2018
This paper asks whether Austria can be considered a militant democracy. The concept designates a form of a democracy that protects itself against those who want to use democratic rights to do away with democracy altogether.
Ulrich Wagrandl
doaj   +2 more sources

Against Militant Democracy

open access: yesGerman Law Journal
Militant democracy is the prevailing model for defending democracies against anti-democratic political parties. This article evaluates the militant democracy model, classifying the prohibition of political parties as its “hard” version, and the ...
Antonios Kouroutakis
doaj   +2 more sources

Constitutionalising the Сoncept of Militant Democracy

open access: yesПолітичні дослідження
The principles of militant democracy as a manifestation of the instinct of self-preservation of democratic systems are considered. The argumentation of supporters and critics of militant democracy regarding the use of restrictive measures to save ...
Olena Stoiko, Petro Myronenko
doaj   +4 more sources

Militant Democracy: Lowenstein Revisited

open access: yesحقوق بشر, 2020
The emerging right to democracy (e.g. Franck, T) within international law favors a liberal, democratic packaging. Yet as Abedolkarim Sourash argues, there has been a conflation of liberalism and democracy, which must be decoupled.
Kathleen Cavanaugh
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Conceptualizing the Theoretical Category of Neo-militant Democracy: The Case of Hungary [PDF]

open access: yesPolish Political Science Yearbook, 2020
The article aims to formulate a theoretical category of neo-militant democracy that applies to study the nature and dynamics of democratic regimes after the 2008 economic crisis. It conducts an empirical test to verify the analytical effectiveness of the
Joanna Rak
doaj   +1 more source

Why Did Italian Democracy Become Vulnerable? Theorizing the Change from Neo- to Quasi-Militant Democracy

open access: yesPolish Political Science Yearbook, 2021
Embedded in scholarship on militant democracy, this research aims to explain how Italian legislation was positioned to militant democratic measures and how this changed over time.
Joanna Rak
doaj   +1 more source

The European Union as ‘Militant Democracy’? [PDF]

open access: yesSSRN Electronic Journal, 2021
Abstract This chapter demonstrates that the project of European integration and the post-Second World War development of a new form of value order constitutionalism at the domestic level are elements of a broader post-fascist constitutional project. Nevertheless, this chapter asks whether post-fascist constitutionalism applies equally to
openaire   +2 more sources

The Freedom of Movement in Times of Neo-Militant Democracy [PDF]

open access: yesPolish Political Science Yearbook, 2020
Book review: Monika Bator-Bryła, Public Order and Public Safety - Free Movement of Persons: The Case Law of the CJEU, Toruń 2019, pp. 239.
Joanna Rak
doaj   +1 more source

Partisan Journalists on Duty: Political Gnosticism as a Means of Legitimating Quasi-militant Democracy in Crisis-driven Poland

open access: yesSiyasal: Journal of Political Sciences, 2021
Embedded in the theory of political gnosticism and drawing upon a qualitative content analysis of 246 pieces of news released by state media, this article examines a means of legitimating anti-democratic measures deployed during the first wave of the ...
Joanna Rak
doaj   +1 more source

The tools of militant democracy in the system of European Convention on Human Rights [PDF]

open access: yesRevista Institutului Naţional de Justiţie, 2020
This study focuses on the defense mechanisms of a democracy, mainly, on the interpretation of the prohibition of abuse of rights in Article 17 European Convention on Human Rights.
Diana SCOBIOALĂ, Iulia VARTIC
doaj   +1 more source

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