Quotation Wagrandl, Ulrich. 2018. Transnational militant democracy. Global Constitutionalism. 7 143-172.


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Abstract

Ordinarily, militant democracy is about restricting the rights of those who threaten to overthrow the very democracy that guarantees these rights. Hence, militant democracy permits the defence of democracy by disarming its opponents. Turkey’s recent constitutional reform, which arguably is a move away from liberal democracy, forces militant democracy to face up to its transnational application. Can we use militant democracy’s tools to defend not our own, but another democracy? Maybe we can and even should. This article examines the two transnational manifestations of militant democracy. The first is ‘transnational democracy gone militant’, epitomised by the European Union (EU)’s power to enforce liberal democratic standards in its Member States. The second is ‘militant democracy gone transnational’. This manifestation permits treating people rallying in the EU to attack democracy abroad in the same manner in which we are permitted to treat opponents of ‘our own’ democracy. As long as we are dealing with members of the Council of Europe (CoE), the European Convention of Human Rights (ECHR) gives us the instruments we need. Generally, militant democracy is a militant liberal democracy, which is not neutral towards itself, but is also an opponent of every system that is antithetical to it.

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Publication's profile

Status of publication Published
Affiliation External
Type of publication Journal article
Journal Global Constitutionalism
Language English
Title Transnational militant democracy
Volume 7
Year 2018
Page from 143
Page to 172
URL https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S2045381718000084
DOI http://dx.doi.org/10.1017/s2045381718000084
Open Access N

Associations

People
Wagrandl, Ulrich (Details)
Organization
Austrian and European Public Law (Details)
Research areas (ÖSTAT Classification 'Statistik Austria')
5111 Legal and political philosophy (Details)
5202 General procedure law (Details)
5217 Public law (Details)
5252 Basic and Human rights (Details)
5265 Theory of constitutional law (Details)
5266 Constitutional law, general (Details)
5267 Administrative law, general (Details)
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