Militant Democracy

Author : Afshin Ellian,Bastiaan Rijpkema
Publisher : Springer
Page : 193 pages
File Size : 42,6 Mb
Release : 2018-11-15
Category : Philosophy
ISBN : 9783319970042

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Militant Democracy – Political Science, Law and Philosophy by Afshin Ellian,Bastiaan Rijpkema Pdf

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.

Author : András Sajó,Lorri Rutt Bentch
Publisher : Eleven International Publishing
Page : 271 pages
File Size : 43,5 Mb
Release : 2004
Category : Civil rights
ISBN : 9789077596043

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Militant Democracy by András Sajó,Lorri Rutt Bentch Pdf

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.

Author : Anthoula Malkopoulou
Publisher : Edinburgh University Press
Page : 296 pages
File Size : 45,8 Mb
Release : 2019-05-14
Category : Law
ISBN : 9781474445627

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Militant Democracy and Its Critics by Anthoula Malkopoulou Pdf

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.

Author : Bastiaan Rijpkema
Publisher : Routledge
Page : 242 pages
File Size : 44,7 Mb
Release : 2018-11-20
Category : Political Science
ISBN : 9780429763786

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Militant Democracy by Bastiaan Rijpkema Pdf

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.

Author : Svetlana Tyulkina
Publisher : Routledge
Page : 228 pages
File Size : 50,8 Mb
Release : 2015-02-11
Category : Law
ISBN : 9781317664574

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Militant Democracy by Svetlana Tyulkina Pdf

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.

Author : Alexander S. Kirshner
Publisher : Yale University Press
Page : 221 pages
File Size : 50,7 Mb
Release : 2014-01-07
Category : Political Science
ISBN : 9780300188240

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A Theory of Militant Democracy by Alexander S. Kirshner Pdf

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.

Author : Samuel Issacharoff
Publisher : Cambridge University Press
Page : 311 pages
File Size : 46,8 Mb
Release : 2015-06-17
Category : Law
ISBN : 9781107038707

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Fragile Democracies by Samuel Issacharoff Pdf

This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.

Author : Dr Markus Thiel
Publisher : Ashgate Publishing, Ltd.
Page : 605 pages
File Size : 41,6 Mb
Release : 2013-02-28
Category : Philosophy
ISBN : 9781409496793

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The 'Militant Democracy' Principle in Modern Democracies by Dr Markus Thiel Pdf

Providing 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, this book is a valuable resource for students, academics and policy-makers concerned with democratic principles.

Author : Stephen D'Arcy
Publisher : Between the Lines
Page : 223 pages
File Size : 40,5 Mb
Release : 2013
Category : Social Science
ISBN : 9781771131070

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Languages of the Unheard by Stephen D'Arcy Pdf

What we must see, Martin Luther King once insisted, is that a riot is the language of the unheard. In this new era of global protest and popular revolt, Languages of the Unheard draws on King's insight to address a timely and controversial topic: the ethics and politics of militant resistance. Using vivid examples from the history of militancy including—armed actions by Weatherman and the Red Brigades, the LA Riots, the Zapatista uprising, the Mohawk land defence at Kanesatake, the Black Blocs at summit protests, the occupations of Tahrir Square and Zuccotti Park, the Indigenous occupation of Alcatraz, the Quebec Student Strike, and many more—this book will be of interest to democratic theorists and moral philosophers, and practically useful for protest militants attempting to grapple with the moral ambiguities and political dilemmas unique to their distinctive position.

Author : Markus Thiel
Publisher : Routledge
Page : 438 pages
File Size : 40,9 Mb
Release : 2016-02-17
Category : Law
ISBN : 9781317024040

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The 'Militant Democracy' Principle in Modern Democracies by Markus Thiel Pdf

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.

Author : David McMurray,Amanda Ufheil-Somers
Publisher : Indiana University Press
Page : 274 pages
File Size : 46,8 Mb
Release : 2013-02-22
Category : Business & Economics
ISBN : 9780253009685

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The Arab Revolts by David McMurray,Amanda Ufheil-Somers Pdf

The 2011 eruptions of popular discontent across the Arab world, popularly dubbed the Arab Spring, were local manifestations of a regional mass movement for democracy, freedom, and human dignity. Authoritarian regimes were either overthrown or put on notice that the old ways of oppressing their subjects would no longer be tolerated. These essays from Middle East Report—the leading source of timely reporting and insightful analysis of the region—cover events in Tunisia, Egypt, Bahrain, Syria, and Yemen. Written for a broad audience of students, policymakers, media analysts, and general readers, the collection reveals the underlying causes of the revolts by identifying key trends during the last two decades leading up to the recent insurrections.

Author : Alexander S. Kirshner
Publisher : Yale University Press
Page : 221 pages
File Size : 46,7 Mb
Release : 2014-01-07
Category : Political Science
ISBN : 9780300189858

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A Theory of Militant Democracy by Alexander S. Kirshner Pdf

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.

Author : Max Lerner
Publisher : Unknown
Page : 312 pages
File Size : 44,5 Mb
Release : 1943
Category : Collectivism
ISBN : UCAL:$B563137

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It is Later Than You Think by Max Lerner Pdf

Author : Joanna Rak,Roman Bäcker
Publisher : Unknown
Page : 128 pages
File Size : 48,9 Mb
Release : 2022
Category : Authoritarianism
ISBN : 1032156538

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Neo-militant Democracies in Post-communist Member States of the European Union by Joanna Rak,Roman Bäcker Pdf

"This book examines contemporary militant democracies in post-communist states in the European Union. Examining, through case studies, their broader relevance to political, legal, and social structures, this book looks in revealing detail at the struggles between these democratic and anti-democratic actors that share similar historical experiences of contentious politics, communism, and political transformation. It importantly unravels the tension between them, determining which are already authoritarian, and which are teetering on the brink of an anti-democratic breakthrough. Analyzing regimes' continuance trajectories to capture how and what shaped the neo-militant aspects of democracies (neo-militancy) over time, the book accounts for why particular post-communist European neo-militant democracies emerge while others decline or transform into quasi-militant democracies despite transformation, how they differ from each other, what brings the differences and similarities between them, and how and why they change over time. With right-wing populist parties coming to power on the back of fears associated with economic, social, and cultural globalization and the misuse of state authorities to strengthen protective measures against threats to democratic institutions, the book represents a timely and important contribution. This book will be of key interest to scholars and students of Post-Soviet/Communist/East European studies, democratic backsliding, European and Comparative Politics, Nationalism and Ethnic Conflict, Democracy and Dictatorship, Public Comparative Constitutional Law, Human Rights Law and Political Theory"--

Author : Svetlana Tyulkina
Publisher : Routledge
Page : 221 pages
File Size : 46,5 Mb
Release : 2015-02-11
Category : Law
ISBN : 9781317664567

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Militant Democracy by Svetlana Tyulkina Pdf

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.