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Vol 24 No 5 May/June 2019

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Remedies for Torts, Breach of Contract, and Equitable Wrongs

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Militant Democracy: Political Science, Law and Philosophy

Edited by: Afshin Ellian, Bastiaan Rijpkema

ISBN13: 9783319970035
Published: November 2018
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £74.99

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This volume offers an up-to-date overview of the much-debated issue of how a democracy may defend itself against those who want to subvert it. The justifications, effectiveness and legal implications of militant democracy are discussed by addressing questions as: How can militant democracy measures such as party bans be justified? Why is it that some democracies ban antidemocratic parties? Does militant democracy succeed in combatting right-wing extremism? And is militant democracy evolving into an internationalized legal and political concept?

Bringing together experts and perspectives from political science, law and philosophy, this volume advances our understanding of the current threats to democracy, a political system once thought almost invincible. It is especially timely in the light of the rise of illiberal democracy in the EU, the increasingly authoritarian rule in Turkey, the steady shift to autocracy in Russia and the remarkable election of Trump in the US.

Part 1 - Political Science
Militant Democracy and the Banning of Political Parties in Democratic States: Why some do and some don’t
Angela K. Bourne
Frail Democracy
Ivan Ermakoff
How does Militant Democracy function in combating Right-Wing Extremism? A Case Study of Slovakian Militant Democracy and the rise of Kotleba – People’s Party Our Slovakia
Miroslav Mareš
Part 2 - Law
Interactions between International and National Norms: Towards an Internationalized Concept of Militant Democracy
Christian Walter
Justifying Militant Democracy: Philosophical and Legal Reflections on Dutch Militant Democracy
Gelijn Molier
Part 3 - Philosophy
Militant democracy beyond Loewenstein: George van den Bergh’s 1936 inaugural lecture
Bastiaan Rijpkema
Amour de la Démocratie versus the Dictatorship of the Constitutional State: the Defence in Democracy Itself
Afshin Ellian