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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Militant Democracy: Undemocratic Political Parties and Beyond

ISBN13: 9781138281592
To be Published: October 2016
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2015)
Price: £34.99
Hardback edition , ISBN13 9781138016422

The term ‘militant democracy’ was coined by Karl Loewenstein in the 1930s. He argued that attempts to establish democracy in the Weimar Republic failed due to the lack of militancy against subversive movements. The concept of militant democracy was introduced to legal scholarship and constitutional practice so as to provide democracy with legal means to defend itself against the range of possible activities of non-democratic political actors.

This book offers a broad comparative look at the legal concept of militant democracy. It combines an analysis of major theoretical considerations of this concept with a substantive practical component investigating its practice in a number of countries and on a diverse array of issues. The historical development of militant democracy in constitutional theory is mapped and the book explores how militant democracy interacts with various traditional and contemporary notions of democracy. The possibilities and pitfalls of the concept of protecting democracy when it is under threat of harm or destruction by undemocratic actors are analysed, and the book suggests possible solutions and measures to overcome those dangers and concerns. The book provides a thematic treatment of militant democracy practices in a wide range of jurisdictions, including Australia, Turkey, Spain, Germany, Israel, India, the USA and the Council of Europe. The case-study elements include the most apparent examples of militant democracy practice that of the prohibition of political parties, as well as recent developments in the understanding of the concept and its interpretation such as the extension of militant democracy to address threats other than undemocratic political parties. The book considers how dangerous religious movements and the threat of terrorism could be addressed by applying the logic of militant democracy.

Constitutional and Administrative Law
Part 1: Militant Democracy Foundations
1. Militant Democracy in a Historical Perspective
2. Militant Democracy - Problematic or Justified Concept?
3. Democratic Militancy in Practice of Modern Democracies

Part 2: Militant Democracy Measures and Undemocratic Political Parties
4. Early Militant Democracy Application: Testing the Concept in Practice, Setting Standards, and Identifying Major Challenges
5. Militant Democracy and the Prohibition of Political Parties in Europe
6. ‘Softer’ Militant Democracy Measures: The Example of Alternative Solutions from India and Israel

Part 3: Democratic Militancy as Applied to Counter-Terrorism
7. Banning of Political Parties as a Response to Terrorism in Spain
8. Militant Democracy: an Undeclared Guide to Australia’s Counterterrorism Policies

Part 4: 'Militant Secularism’?
9. Militant Secularism in Turkey
10. Militant Democracy and the Principle of Secularism in the Practice of the European Court of Human Rights