Militant Democracy and Fundamental Rights, I.¶
Loewenstein, K. (1937). Militant Democracy and Fundamental Rights, I. American Political Science Review, 31(3), 417-432.
Cited by¶
1 citation across 1 artifact.
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Primes¶
- Tolerance Paradox
- This is the same shape a constitutional democracy faces with militant- democracy provisions: the open principle is electoral participation, the self-negating element is an anti-democratic party that would use the ballot to end future ballots, and a party-ban clause is the meta- exception — which courts must keep narrow enough (high procedural bars, tight definitions) that it does not become a tool for suppressing ordinary opposition.
This sourceFoundational articulation of militant democracy — constitutional self-defense against anti-democratic parties exploiting democratic rights.
- This is the same shape a constitutional democracy faces with militant- democracy provisions: the open principle is electoral participation, the self-negating element is an anti-democratic party that would use the ballot to end future ballots, and a party-ban clause is the meta- exception — which courts must keep narrow enough (high procedural bars, tight definitions) that it does not become a tool for suppressing ordinary opposition.
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