Militant DemocracyAndrás Sajó, Lorri Rutt Bentch Eleven International Publishing, 2004 - 262 pages 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. |
Contents
A Response to Carl Schmitt | 15 |
Legal Limits to Democratic Stability | 47 |
Towards an Agonistic Multipolar | 69 |
The Learning Sovereign | 113 |
The New Regulation of Political Parties in Spain and | 133 |
The Israeli Case | 157 |
Some Western and Eastern | 171 |
Militant Democracy and Transition towards Democracy | 209 |
Appendix | 231 |
Common terms and phrases
accepted according action activities aims allow amendment anti-terrorism appear applied argued argument association authority basic basis Batasuna bill Canada claim committed common concept concerning considered Constitutional Court countries crime criminal danger decision defense democratic determination discussion effect elections electoral enacted enemy established European example executive existence expression fact fascist federal forces freedom fundamental German grounds groups Human Rights idea illegal individual Indonesian institutions issue judges judicial Justice justified legislation legislature liberal limits majority means measures militant democracy movements nature norms organization Parliament participation particular person political parties possible preventive principles problem procedure prohibition protection provisions question reasons reference regarding regime respect response restrictions result rule rule of law September social society Spain speech statute structure supra note Supreme Court technique terrorism terrorist United values