Edited by Gary Jacobsohn and Miguel Schor
Chapter 21: Militant democracy and constitutional identity
Abstract: “Militant democracy” refers to the idea that, under certain circumstances, democracies have to adopt measures against individual citizens/political organizations who threaten to undermine or outright destroy democracy, but who do not engage in violent or other forms of criminal activity. While the idea remains controversial, there are many constitutional theorists who concede at least some role for militant democracy in fragile democracies; moreover, there is now a relatively clear sense of what the repertoire of militant democratic measures in constitutional law consists of (even if, again, many of the individual elements in that repertoire remain contested). My contribution asks whether elements of that repertoire could and should be applied at a supranational level. In other words: should international organizations have a role in defending the democracy of their members? The question sits at the intersection for normative political theory (there are obvious objections on the basis of ideals of self-determination, as well as duties to protect particular “constitutional identities”, comparative politics (what kind of measures might actually help to avert slides to authoritarianism?) and, above all, comparative constitutional law. The contribution will specifically examine the case of the EU, as it constitutes the most closely integrated international organization, but the cautious endorsement of a notion of a self-limiting supranational militant democracy can also be applied to other contexts (Latin America and Africa in particular).
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.