The 'Militant Democracy' Principle in Modern Democracies  book cover
1st Edition

The 'Militant Democracy' Principle in Modern Democracies

Edited By

Markus Thiel

ISBN 9781138262386
Published November 15, 2016 by Routledge
438 Pages

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Book Description

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.

Table of Contents

Contents: Preface; Introduction, Markus Thiel; Australia, Helen Irving; Austria, Andreas Auprich; Chile, Eduardo Aldunate Lizana; France, Claire-Lise Buis; Germany, Markus Thiel; Hungary, Renáta Uitz; Israel, Benyamin Neuberger; Italy, Stefano Ceccanti and Francesco Clementi; Japan, Shojiro Sakaguchi; Spain, Carlos Vidal Prado; Turkey, Bertil Emrah Oder; United Kingdom, Richard Mullender; United States of America, Mark V. Tushnet; Comparative Aspects; Markus Thiel; Index.

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Dr Markus Thiel is Assistant Professor in the Faculty of Law, Heinrich-Heine-Universität Düsseldorf, Germany


'In 1937 Karl Loewenstein under the impact of the Weimar Republic's demise developed a principle of militant democracy which was subsequently implemented by the German Grundgesetz. His controversial concept has been widely discussed in various national contexts but rarely from a comparative perspective. This unique collection of essays proves that the German example is no isolated precedent and that many democracies have developed means for defending themselves.' Wolfgang Durner, University of Bonn, Germany 'With surprising regularity, all democracies turn 'militant' and proclaim the right to exclude from the political process those who would undermine democracy itself. How they do it, why they do it, and which groups are likely to feel the wrath of the state vary significantly. This edited volume is a major contribution to the emerging literature on how democracies maintain their integrity in the face of internal opposition, a topic of great contemporary relevance in the age of national security and the war on terror. Placing the national examples under a comparative light illuminates the risks and indispensable protections for democratic viability. Each chapter provides rich insights for the study of democratic politics.' Samuel Issacharoff, New York University, USA 'Manifestations of the pre-emptive defence of democracy - whether termed "militant" or simply "muscular" - have become commonplace during this decade, with the terrorism of our neighbours becoming the prime contingency. This impressive survey of comparative constitutional settings and detailed responses provides the reader with knowledge and insight within a rich discourse.' Clive Walker, University of Leeds, UK