Militant Democracy

Research output: Chapter in Book/Report/Conference proceedingChapter

67 Scopus citations

Abstract

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 postwar West German constitutional law in particular. It next compares varieties of militant democracy, mostly, but not only in different post-authoritarian countries, before touching on the jurisprudence of the European Court of Human Rights, which has developed its own perspective on militant democracy. It then returns to the normative core questions surrounding militant democracy and asks whether one might conclude that some strategies for defending democracy are clearly superior to others - and what their implications are for constitutional law.

Original languageEnglish (US)
Title of host publicationThe Oxford Handbook of Comparative Constitutional Law
PublisherOxford University Press
ISBN (Electronic)9780191751967
ISBN (Print)9780199578610
DOIs
StatePublished - Nov 21 2012

All Science Journal Classification (ASJC) codes

  • General Social Sciences

Keywords

  • European Court of Human Rights
  • Loewenstein
  • Militant democracy
  • West German constitutional law

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