ABSTRACT
This chapter uses a law and politics approach, which depicts how French and German political actors have constructed different legal frameworks to address political radicalism, and particularly right-wing radicalism. In doing so, this chapter highlights the legal contexts of actions taken against the radical right in both countries and leads back to the concept of “militant democracy”, which has gained prominence in Germany. It analyses the evolution of this concept, as well as the institutional actors it involves. The chapter exposes the particularities and peculiarities of the German self-defending democracy. Moving on to France, the contrasts between the two states become obvious. While in Germany the repression of so-called extremism constitutes a public policy with a legal framework and targets political movements, the French legal approach relies on more politically oriented traditions, such as anti-fascism and anti-racism, with the state focusing primarily on the violence of individuals and groups.
