- [UNTITLED]
- Acknowledgements
- Notes on the Contributors
- List of Abbreviations
- Introduction
- Comparative Constitutional Law: A Contested Domain: A. Comparative Constitutional Law: A Continental Perspective
- B. Comparative Constitutional Analysis in United States Adjudication and Scholarship
- Comparative Constitutional Law: Methodologies
- Carving Out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism
- Types of Constitutions
- Constitutionalism in Illiberal Polities
- Constitutionalism and Impoverishment: A Complex Dynamic
- The Place Of Constitutional Law in the Legal System
- Constitutions and Constitutionalism
- Constitution
- Rule of Law
- Democracy
- Conceptions of the State
- Rights and Liberties as Concepts
- Constitutions and the Public/Private Divide
- State Neutrality
- The Constitution and Justice
- Sovereignty
- Human Dignity and Autonomy in Modern Constitutional Orders
- Gender in Constitutions
- Constitution-Making: Process and Substance
- States of Emergency
- War Powers
- Secession and Self-Determination
- Referendum
- Elections
- Horizontal Structuring
- Federalism: Theory, Policy, Law
- Internal Ordering in the Unitary State
- Presidentialism
- Parliamentarism
- The Regulatory State
- Constitutional Interpretation
- Proportionality (1)
- Proportionality (2)
- Constitutional Identity
- Constitutional Values and Principles
- Ensuring Constitutional Efficacy
- Constitutional Courts
- Judicial Independence as a Constitutional Virtue
- The Judiciary: The Least Dangerous Branch?
- Political Parties and the Constitution
- Freedom of Expression
- Freedom of Religion
- Due Process
- Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association)
- Privacy
- Equality
- Citizenship
- Socio-Economic Rights
- Economic Rights
- The Constitutionalization of Abortion
- Immodest Claims and Modest Contributions: Sexual Orientation in Comparative Constitutional Law
- Group Rights in Comparative Constitutional Law: Culture, Economics, or Political Power?
- Affirmative Action
- Bioethics and Basic Rights: Persons, Humans, and Boundaries of Life
- Internationalization of Constitutional Law
- The European Union's Unresolved Constitution
- The Constitutionalization of Public International Law
- Jurisprudence of the European Court of Human Rights and the Constitutional Systems of Europe
- Militant Democracy
- Constitutionalism and Transitional Justice
- Islam and the Constitutional Order
- Constitutional Transplants, Borrowing, and Migrations
- The Use of Foreign Law in Constitutional Interpretation
- Index
Abstract and Keywords
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 post-war 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.
Keywords: militant democracy, Loewenstein, West German constitutional law, European Court of Human Rights
Jan-Werner Müller is Professor, Politics Department, Princeton University
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- [UNTITLED]
- Acknowledgements
- Notes on the Contributors
- List of Abbreviations
- Introduction
- Comparative Constitutional Law: A Contested Domain: A. Comparative Constitutional Law: A Continental Perspective
- B. Comparative Constitutional Analysis in United States Adjudication and Scholarship
- Comparative Constitutional Law: Methodologies
- Carving Out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism
- Types of Constitutions
- Constitutionalism in Illiberal Polities
- Constitutionalism and Impoverishment: A Complex Dynamic
- The Place Of Constitutional Law in the Legal System
- Constitutions and Constitutionalism
- Constitution
- Rule of Law
- Democracy
- Conceptions of the State
- Rights and Liberties as Concepts
- Constitutions and the Public/Private Divide
- State Neutrality
- The Constitution and Justice
- Sovereignty
- Human Dignity and Autonomy in Modern Constitutional Orders
- Gender in Constitutions
- Constitution-Making: Process and Substance
- States of Emergency
- War Powers
- Secession and Self-Determination
- Referendum
- Elections
- Horizontal Structuring
- Federalism: Theory, Policy, Law
- Internal Ordering in the Unitary State
- Presidentialism
- Parliamentarism
- The Regulatory State
- Constitutional Interpretation
- Proportionality (1)
- Proportionality (2)
- Constitutional Identity
- Constitutional Values and Principles
- Ensuring Constitutional Efficacy
- Constitutional Courts
- Judicial Independence as a Constitutional Virtue
- The Judiciary: The Least Dangerous Branch?
- Political Parties and the Constitution
- Freedom of Expression
- Freedom of Religion
- Due Process
- Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association)
- Privacy
- Equality
- Citizenship
- Socio-Economic Rights
- Economic Rights
- The Constitutionalization of Abortion
- Immodest Claims and Modest Contributions: Sexual Orientation in Comparative Constitutional Law
- Group Rights in Comparative Constitutional Law: Culture, Economics, or Political Power?
- Affirmative Action
- Bioethics and Basic Rights: Persons, Humans, and Boundaries of Life
- Internationalization of Constitutional Law
- The European Union's Unresolved Constitution
- The Constitutionalization of Public International Law
- Jurisprudence of the European Court of Human Rights and the Constitutional Systems of Europe
- Militant Democracy
- Constitutionalism and Transitional Justice
- Islam and the Constitutional Order
- Constitutional Transplants, Borrowing, and Migrations
- The Use of Foreign Law in Constitutional Interpretation
- Index