| Description |
1 online resource |
| Series |
Routledge studies in extremism and democracy |
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Routledge studies in extremism and democracy.
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| Contents |
Cover; Half Title; Series Page; Title Page; Copyright Page; Brief contents; Contents; Acknowledgements; Introduction; 1. Weimar; 2. Beyond the locus classicus; 3. The problem; 4. Preliminary exploration; 5. This book; 1. Origins and development; 1. The antidemocratic interbellum; 2. George van den Bergh's inaugural lecture; 3. Karl Loewenstein: father of militant democracy; The weak spots of democracy; Sajó's interpretation: a theory of emotionalism; 'Democracy must become militant'; Greenberg's criticism; Father of militant democracy; 4. George van den Bergh's concept of militant democracy |
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Violent and non-violent partiesHans Kelsen: relativist democracy; A first answer to relativist democracy: principled democracy; A second answer to relativist democracy: democracy as self-correction; Markovitch and the law of reaction; The interpretations compared; Procedural safeguards; The reception of Van den Bergh's inaugural lecture; Democracy as an end, not as a means; 2. Alternatives and criticism; 1. Introduction; 2. Alternative theories of militant democracy; Karl Popper; Carl Schmitt; John Stuart Mill; John Rawls; Kirshner's theory of militant democracy |
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Svetlana Tyulkina: counterterrorism and religious extremism3. Pragmatic criticism of militant democracy; Pragmatic objections; Militant democracy outside the Western European context and 'transitional constitutionalism'; 4. Principled criticism of militant democracy; 5. Alternatives and criticism: conclusions; 3. Democracy as self-correction; 1. Introduction; 2. A theory of militant democracy: democracy as self-correction; The idea of democracy as self-correction; Self-correction as a unique characteristic; Two objections |
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The difference between democracy as self-correction and substantive democracySelf-correction as a justification for a ban; What counts as damage to self-corrective capacity?; The Bundesverfassungsgericht on democracy; The principle of political competition; The echr on democracy; Three remarks on Refah and subsequent jurisprudence; The three principles of democracy as self-correction; Procedural safeguards I: judicial supervision; Procedural safeguards II: the European dimension of militant democracy; Procedural safeguards III: the request for a party ban; The design of party bans |
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Members of parliament and party bans: two models3. Criticism of militant democracy answered; A militant democracy is undemocratic: banning parties cannot be justified, while a variant justified by a theory of substantive democracy places too many restrictions on the democratic process; Action against antidemocrats might be justified, but in practice a legitimate moment for intervention cannot be identified; Even if an acceptable moment for intervention can be defined, the absence of legal criteria means that it will always be a political decision |
| Summary |
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 |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Translated from Dutch |
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Bastiaan R. Rijpkema is Assistant Professor of Jurisprudence at Leiden University, the Netherlands. He received his LLB in Law at Erasmus University Rotterdam (2010) and his LLM in Jurisprudence and Philosophy of Law (cum laude) from Leiden University (2011). In 2015 he obtained his PhD at Leiden University with a dissertation on militant democracy, which was published in Dutch as Weerbare democratie: de grenzen van democratische tolerantie (Nieuw Amsterdam, 2015). For Weerbare democratie he was awarded the prize for the best Dutch political book of the year in 2016, the Prinsjesboekenprijs. In 2017 he won the New Scientist Wetenschapstalentprijs 2017 (New Scientist Science Talent Prize), the prize for the most talented young researcher of the Netherlands and Flanders (Dutch-speaking Belgium) |
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Online resource; title from PDF title page (EBSCO, viewed November 27, 2018) |
| Subject |
Democracy.
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Political science -- Philosophy.
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Toleration -- Political aspects
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POLITICAL SCIENCE -- General.
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POLITICAL SCIENCE -- Political Ideologies -- Democracy.
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POLITICAL SCIENCE -- Political Process -- Political Parties.
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POLITICAL SCIENCE -- Government -- General.
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Democracy.
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Political science -- Philosophy.
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| Form |
Electronic book
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| ISBN |
9780429427374 |
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0429427379 |
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9780429763779 |
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0429763778 |
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9780429763786 |
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0429763786 |
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9780429763793 |
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0429763794 |
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