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Transnational militant democracy
Global Constitutionalism, 2018Abstract:Ordinarily, militant democracy is about restricting the rights of those who threaten to overthrow the very democracy that guarantees these rights. Hence, militant democracy permits the defence of democracy by disarming its opponents. Turkey’s recent constitutional reform, which arguably is a move away from liberal democracy, forces militant ...
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Abstract This chapter critically examines ‘militant democracy’, defined as the use of measures of constitutional entrenchment to defend democracy against actors intent on revolutionizing it through legal democratic means. It surveys existing normative theories to highlight the limitations and challenges in justifying and implementing ...
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2012
This article begins by briefly reconstructing the intellectual history of militant democracy, starting with Loewenstein's work and moving on to the ways in which the doctrine of militant democracy was developed in post-war West German constitutional law in particular.
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This article begins by briefly reconstructing the intellectual history of militant democracy, starting with Loewenstein's work and moving on to the ways in which the doctrine of militant democracy was developed in post-war West German constitutional law in particular.
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Czech Militant Democracy in Action
East European Politics and Societies: and Cultures, 2011This article analyses the dissolution of the extreme right Workers’ Party by the Czech courts in 2010. It situates the case in the historical development of party closures by militant democracy on Czech territory and explains why the Workers’ Party was the first party to be dissolved in the Czech Republic after the fall of the Communist regime.
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Justifying Militant Democracy: Philosophical and Legal Reflections on Dutch Militant Democracy
2018The rise of right-wing populist parties in Europe on the one hand and Muslim fundamentalists on the other requires governments to reflect on the issue of how to deal with extremist organizations and movements whose ideas or ideologies are diametrically opposed to fundamental democratic principles and the rule of law.
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The 'Militant Democracy' Principle in Modern Democracies
2016Contents: Preface Introduction, Markus Thiel Australia, Helen Irving Austria, Andreas Auprich Chile, Eduardo Aldunate Lizana France, Claire-Lise Buis Germany, Markus Thiel Hungary, RenA!ta Uitz Israel, Benyamin Neuberger Italy, Stefano Ceccanti and Francesco Clementi Japan, Shojiro Sakaguchi Spain, Carlos Vidal Prado Turkey, Bertil Emrah Oder United ...
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One Nation and Militant Democracy
2018The One Nation Party’s unmistakable resemblances to historical “populist” parties have placed the defenders of democracy on alert. The party’s official statement Principles and Objectives announces the name “Pauline Hanson’s One Nation Party” and the ownership by the Leader unmistakably draws it into line with some notorious examples of “right wing ...
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Individual Liberties and “Militant Democracy”
2015This chapter focuses on the theories of Karl Loewenstein. In the 1950s, German liberal politicians, intellectuals, and jurists welcomed the theory of militant democracy and claimed that political rights were dependent on loyalty to democratic institutions.
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