Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Militant Democracy: Undemocratic Political Parties and Beyond


ISBN13: 9781138281592
Published: November 2016
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2015)
Price: £39.99
Hardback edition , ISBN13 9781138016422



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

Subjects:
Constitutional and Administrative Law
Contents:
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