Militant Democracy
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Militant Democracy
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Author : András Sajó
language : en
Publisher: Eleven International Publishing
Release Date : 2004
Militant Democracy written by András Sajó and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Civil rights categories.
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Militant Democracy
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Author : Svetlana Tyulkina
language : en
Publisher: Routledge
Release Date : 2015-02-11
Militant Democracy written by Svetlana Tyulkina and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-11 with Law categories.
The term ‘militant democracy’ was coined by Karl Loewenstein in the 1930s. He argued that attempts to establish democracy in the Weimar Republic failed due to the lack of militancy against subversive movements. The concept of militant democracy was introduced to legal scholarship and constitutional practice so as to provide democracy with legal means to defend itself against the range of possible activities of non-democratic political actors. This book offers a broad comparative look at the legal concept of militant democracy. It analyses both theoretical and substantive aspects of this concept, investigating its practice in a number of countries and on a diverse array of issues. Examining cases in Australia, Turkey, Spain, Germany, Israel, India, the USA, and the Council of Europe, Svetlana Tyulkina maps the historical development of militant democracy in constitutional theory and explores its interaction with various traditional and contemporary notions of democracy. The book analyses the possibilities and pitfalls of the concept of militant democracy when applied to protect democracy when it is under threat of harm or destruction by undemocratic actors, and suggests possible solutions and measures to overcome those dangers. In its evaluation of the capacity and justification for democracies to apply militant democracy measures, this book will be of great use and interest to students and scholars of public comparative constitutional law, international law, human rights law, and comparative politics.
The Militant Democracy Principle In Modern Democracies
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Author : Markus Thiel
language : en
Publisher: Routledge
Release Date : 2016-02-17
The Militant Democracy Principle In Modern Democracies written by Markus Thiel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-17 with Law categories.
This collection provides an up-to-date analysis of key country approaches to Militant Democracy. Featuring contributions from some of the key people working in this area, including Mark Tushnet and Helen Irving, each chapter presents a stocktaking of the legal measures to protect the democracy against its enemies within. In addition to providing a description of the country's view of Militant Democracy and the current situation, it also examines the legal and political provisions to defend the democratic structure against attacks. The discussion also presents proposals for the development of the Militant Democracy principle or its alternatives in policy and legal practice. In the final chapter the editor compares the different arrangements and formulates a minimum consensus as to what measures are indispensable to protect a democracy. Highly topical, this book is a valuable resource for students, academics and policy-makers concerned with democratic principles.
Militant Democracy Political Science Law And Philosophy
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Author : Afshin Ellian
language : en
Publisher: Springer
Release Date : 2018-11-15
Militant Democracy Political Science Law And Philosophy written by Afshin Ellian and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-15 with Philosophy categories.
This volume offers an up-to-date overview of the much-debated issue of how a democracy may defend itself against those who want to subvert it. The justifications, effectiveness and legal implications of militant democracy are discussed by addressing questions as: How can militant democracy measures such as party bans be justified? Why is it that some democracies ban antidemocratic parties? Does militant democracy succeed in combatting right-wing extremism? And is militant democracy evolving into an internationalized legal and political concept? Bringing together experts and perspectives from political science, law and philosophy, this volume advances our understanding of the current threats to democracy, a political system once thought almost invincible. It is especially timely in the light of the rise of illiberal democracy in the EU, the increasingly authoritarian rule in Turkey, the steady shift to autocracy in Russia and the remarkable election of Trump in the US.
Militant Democracy
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Author : Svetlana Tyulkina
language : en
Publisher: Routledge
Release Date : 2015-02-11
Militant Democracy written by Svetlana Tyulkina and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-11 with Law categories.
The term ‘militant democracy’ was coined by Karl Loewenstein in the 1930s. He argued that attempts to establish democracy in the Weimar Republic failed due to the lack of militancy against subversive movements. The concept of militant democracy was introduced to legal scholarship and constitutional practice so as to provide democracy with legal means to defend itself against the range of possible activities of non-democratic political actors. This book offers a broad comparative look at the legal concept of militant democracy. It analyses both theoretical and substantive aspects of this concept, investigating its practice in a number of countries and on a diverse array of issues. Examining cases in Australia, Turkey, Spain, Germany, Israel, India, the USA, and the Council of Europe, Svetlana Tyulkina maps the historical development of militant democracy in constitutional theory and explores its interaction with various traditional and contemporary notions of democracy. The book analyses the possibilities and pitfalls of the concept of militant democracy when applied to protect democracy when it is under threat of harm or destruction by undemocratic actors, and suggests possible solutions and measures to overcome those dangers. In its evaluation of the capacity and justification for democracies to apply militant democracy measures, this book will be of great use and interest to students and scholars of public comparative constitutional law, international law, human rights law, and comparative politics.
Militant Democracy
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Author : Bastiaan Rijpkema
language : en
Publisher: Routledge
Release Date : 2018-11-20
Militant Democracy written by Bastiaan Rijpkema and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-20 with Political Science categories.
This book aims to present a comprehensive theory of militant democracy and to answer questions such as: How can a democracy protect itself against its own downfall? And when is intervention against antidemocrats justified? Against the backdrop of historical and current examples, this book examines a variety of theories from philosophers and legal scholars such as Karl Loewenstein, Karl Popper and Carl Schmitt as well as contemporary alternatives. It compares their interpretations of democracy and militant democracy, discusses how helpful these references are, and introduces two largely forgotten theorists to the militant democracy debate: George van den Bergh and Milan Markovitch. Militant Democracy then sets out to build a novel theory of democratic self-defence on the basis of democracy’s capacity for self-correction. In doing so, it addresses the more classic and current criticisms of the concept, while paying specific attention to the position of the judge, the legal design and effectiveness of party bans, and the national and supranational procedural safeguards that can safeguard the careful application of militant democracy instruments. Militant Democracy seamlessly combines political philosophy, political science and constitutional law to offer a new perspective on democratic self-defence. This book is essential reading for scholars and students of political theory, jurisprudence, democracy, extremism and the history of ideas.
A Theory Of Militant Democracy
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Author : Alexander S. Kirshner
language : en
Publisher: Yale University Press
Release Date : 2014-01-07
A Theory Of Militant Democracy written by Alexander S. Kirshner and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-07 with Political Science categories.
How should pro-democratic forces safeguard representative government from anti-democratic forces? By granting rights of participation to groups that do not share democratic values, democracies may endanger the very rights they have granted; but denying these rights may also undermine democratic values. Alexander Kirshner offers a set of principles for determining when one may reasonably refuse rights of participation, and he defends this theory through real-world examples, ranging from the far-right British Nationalist Party to Turkey’s Islamist Welfare Party to America’s Democratic Party during Reconstruction.
Militant Democracy And Its Critics
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Author : Anthoula Malkopoulou
language : en
Publisher: Edinburgh University Press
Release Date : 2019-05-14
Militant Democracy And Its Critics written by Anthoula Malkopoulou and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-14 with Law categories.
Can defensive efforts that curtail rights of participation of antidemocratic movements be consistent with democratic values? In this collection of essays, scholars from across politics, philosophy and law address the unresolved practical and theoretical questions concerning democracy and extremism.
Fragile Democracies
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Author : Samuel Issacharoff
language : en
Publisher: Cambridge University Press
Release Date : 2015-06-17
Fragile Democracies written by Samuel Issacharoff and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-17 with Law categories.
This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.
The State Of Exception And Militant Democracy In A Time Of Terror
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Author : Afshin Ellian
language : en
Publisher:
Release Date : 2012-12-01
The State Of Exception And Militant Democracy In A Time Of Terror written by Afshin Ellian and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-01 with Law categories.
International Studies Library Which measures may a state undertake when its very existence is threatened? Can it suspend the democratic legal order, may it prohibit undemocratic political parties, can it withhold fundamental constitutional rights from those who intend to abuse them? Or, in case of an external threat, may the state use force in anticipatory self-defense? In addressing these issues, two legal-philosophical doctrines play a crucial role, namely: the state of exception and militant democracy. Unlike other books, this book offers an interdisciplinary approach to both doctrines by a variety of international scholars. The state of exception and militant democracy are viewed from a legal-philosophical, legal-positivist and sociological perspective, thereby creating a broad perspective on how states actually deal and how they should deal with diverse threats to their (democratic) existence. TABLE OF CONTENTS Abbreviations Chapter I: Introduction: The State of Exception and Militant Democracy in a Time of Terror - Afshin Ellian and Gelijn Molier Chapter II: The State of Exception in a Time of Terror - Afshin Ellian Chapter III: Dutch Counterterrorism: An Exceptional Body of Legislation or Just an Inevitable Product of the Culture of Control? - Maartje van der Woude Chapter IV: Framing the Exception. Securitization in the Netherlands - Beatrice de Graaf and Renee Frissen Chapter V: On Emergency-Proof Human Rights and Emergency-Proof: Human Rights Procedures - Jan-Peter Loof Chapter VI: The State of Exception and Necessity under International Law - Gelijn Molier Chapter VII: The Foundations of Militant Democracy - Paul Cliteur and Bastiaan Rijpkema Chapter VIII: 'Militant Democracy' and State of Emergency in Germany - Markus Thiel Chapter IX: Democracy, Freedom of Speech and the Twin Challenges of the Exception - Quoc Loc Hong Bibliography Index About the Editors Afshin Ellian is professor of Social Cohesion, Citizenship and Multiculturalism at the Institute for the Interdisciplinary Study of the Law at Leiden University, has published extensively on terrorism and radical Islam. Gelijn Molier is a lecturer at the Leiden Law Faculty, Department of Philosophy of Law and Jurisprudence. His main field of research pertains to the law of peace and security, in particular questions relating to the legitimacy of the use of force in international relations.