ABSTRACT

This collection provides an up-to-date analysis of key country approaches to Militant Democracy. Featuring contributions from some of the key people working in this area, including Mark Tushnet and Helen Irving, each chapter presents a stocktaking of the legal measures to protect the democracy against its enemies within. In addition to providing a description of the country's view of Militant Democracy and the current situation, it also examines the legal and political provisions to defend the democratic structure against attacks. The discussion also presents proposals for the development of the Militant Democracy principle or its alternatives in policy and legal practice. In the final chapter the editor compares the different arrangements and formulates a minimum consensus as to what measures are indispensable to protect a democracy. Highly topical, this book is a valuable resource for students, academics and policy-makers concerned with democratic principles.

chapter |13 pages

Introduction

chapter |22 pages

Australia

chapter |22 pages

Austria

The Democratic Entitlement and the Militancy or Not of the Austrian Legal Order

chapter |16 pages

Chile

chapter |34 pages

France

chapter |37 pages

Germany

chapter |35 pages

Hungary

chapter |25 pages

Israel

chapter |10 pages

Italy

Militant Democracy in Italy. A Path between Rules and Politics

chapter |24 pages

Japan

chapter |20 pages

Spain

chapter |48 pages

Turkey