Defensive democracy

Common card · No. 400189

Defensive democracy, also frequently referred to as militant democracy (most notably in Germany), denotes the framework of laws, delegated legislation, and judicial rulings that restrict certain liberties within a democratic society to preserve the state, safeguard its constitutional institutions, and protect minority rights. This principle navigates an inherent tension within modern democracies; the obligation to uphold core democratic ideals, such as freedom of association, elective rights and universal suffrage, balanced against the necessity of stopping anti-democratic factions from exploiting those exact liberties to dismantle the system. Advocates view this framework as a necessary evil to the paradox of tolerance. While some democratic nations maintain unique societal or historical justifications for these defensive powers, the doctrine remains a subject of ongoing debate. Legal scholars and civil rights advocates frequently contest the exact threshold at which pre-emptive state...

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