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on democracy dictatorship index democratic backsliding democratic capitalism democratic centralism democratic confederalism democratic consolidation democratic deficit democratic peace theory democratic republic democratic resilience democratic socialism democratic transition democratization electoral competition international day of democracy kleroterion liberalism libertarianism majoritarianism majority rule median voter theorem motion ochlocracy nomination rules peaceful transition of power political equality polyarchy populism post democracy proportional representation right to petition right to protest right to candidacy right to vote territorial peace theory tyranny of the majority waves of democracy third wave of autocracy wisdom of the crowd politics portal v t e defensive democracy is a term referring to the collection of laws delegated legislation and court rulings which limit certain rights and freedoms in a democratic society in order to protect the existence of the state its democratic character and institutions minority rights or other aspects of the democratic system the term is related to a conflict that may emerge in a democratic country between compliance with democratic values particularly freedom of association and the right to be elected and the goal of preventing anti democratic groups and persons from abusing these principles in certain democratic states there are additional special distinctions supported by a notable section of the population which justify the use of defensive democracy however there are disputes on the question of which situations justify the use of defensive democracy without this being considered excessive repression of civil rights methods edit this section does not cite any sources please help improve this section by adding citations to reliable sources unsourced material may be challenged and removed march 2024 learn how and when to remove this message the use of defensive democracy can be expressed via several actions applied to a person or group such as surveillance by the security corps especially military and police intelligence of activists who are considered dangerous or after entire associations outright restrictions on the freedom of movement or action over bodies suspected of endangering democracy restricting the rights of individuals and parties from running for elections through nomination rules such as meir kahane and subsequently the kach party which he led in israel and călin georgescu in romania outlawing of organizations considered a danger to democracy such as communist party in west germany redoing of elections as a last resort such as the 2024 romanian presidential election the frequency and extent of use of defensive democratic methods varies from country to country the united states for example is considered a country that uses defensive democratic tactics frequently especially after the september 11 attacks and the 2021 storming of the united states capitol as a rule democratic countries try to not use the methods of defensive democracy too hastily or too severely and seek alternative courses of action as much as possible such as public information campaigns and condemnation of anti democratic activates by respected public figures political bias in nomination rules or political party bans can contribute to political repression 1 2 3 however there are situations where a state might recourse to defensive democratic methods usually carried out by the court system or other authorities examples edit europe edit ten countries in europe have outlawed holocaust denial france loi gayssot belgium belgian holocaust denial law switzerland article 261bis of the penal code germany 130 3 of the penal code austria article 3h verbotsgesetz 1947 romania slovakia the czech republic 405 of the criminal code lithuania and poland article 55 of the law creating the institute of national remembrance 1998 germany edit in german politics and constitutional law the concept exists under the term wehrhafte or streitbare demokratie well fortified 4 battlesome 5 defensive 6 or militant democracy 7 8 9 which implies that the federal government bundesregierung the parliament bundestag and bundesrat and the judiciary are given extensive powers and duties to defend the liberal democratic basic order freiheitliche demokratische grundordnung against those who want to abolish it the idea behind the concept is the notion that even a majority rule of the people cannot be allowed to install a totalitarian or autocratic regime thereby violating the principles of the german constitution the basic law for the federal republic of germany the german concept of defensive militant democracy is a reaction to the experience of the weimar republic whose liberal and democratic order was eliminated by the nazi government which came into office legally and the enabling act of 1933 the lawyer and political scientist karl loewenstein who had emigrated from germany to the united states in 1933 coined the term wehrhafte demokratie as he was convinced that the weimar republic had not sufficiently defended its democracy against subversive elements that were attacking its foundations 6 10 11 several articles of the german constitution allow a range of different measures to defend the liberal democratic basic order article 9 of the german constitution allows for associations whose purpose or activity is directed against the constitutional order verfassungsmäßige ordnung to be proscribed by the federal or state governments the forced dissolution of an association is subject to legal review by administrative courts the federal constitutional court bundesverfassungsgericht may declare political parties unconstitutional and dissolve them if their aims or the conduct of their supporters seek to impair or eliminate the liberal democratic basic order according to article 21 paragraph 2 according to art 18 the federal constitutional court can restrict the fundamental rights of people who fight against the constitutional order as of 2022 update that has never happened in the history of the federal republic according to article 20 paragraph 4 of the constitution every german citizen has a right to resistance against anyone who wants to abolish the constitutional order if no other remedy is possible however this provision has never been applied in practice according to the federal civil service act bundesbeamtengesetz and the civil servant status act beamtenstatusgesetz every civil servant beamter a category that also includes most school and university teachers is required to stand up for the liberal democratic basic order at all times when they take up their duties they are therefore sworn to defend the constitutional order applicants who do not guarantee to stand up for the democratic order can be excluded from the civil service this was particularly strict during the period of the anti radical decree from 1972 to 1985 in some federal states until 1991 when all applicants were screened by the constitutional protection authorities over 1 000 prospective teachers and university lecturers were rejected as enemies of the constitution verfassungsfeinde in most cases due to their membership in far left organisations which amounted to a professional ban berufsverbot in addition germany maintains a domestic intelligence service the verfassungsschutz consisting of a federal office and 16 state offices for the protection of the constitution one of whose main purposes is to investigate organisations whose activities are directed against the free democratic basic order in particular far right and far left parties as well as islamist extremists using both publicly accessible sources and undercover methods the federal office for the protection of the constitution publishes an annual report with a list of organisations that it monitors for extremist tendencies the organisations concerned can have their inclusion in this report reviewed by the courts israel edit israel implemented the principle of defensive democracy the basic law of the knesset section 7a which determined that candidate lists would not participate in elections if its goals or actions expressly or by implication would deny the existence of the state of israel as a jewish state or deny the democratic character of the state of israel various political science researchers who have perceived israel as a democracy defending itself mainly from social and security constraints with which the state of israel has been dealing since its creation during the first three decades of its existence most arab countries did not recognize the state of israel s existence as legitimate through the years concerns have been raised from within the jewish majority in israel that the arab minority within the country who consider themselves part of the arab world would cooperate with the neighboring countries in their struggle against israel this situation has often raised the issue of a self defensive democracy on the agenda in israel during the 1980s the issue was heavily discussed in a different context for the first time in israel s history an extreme right wing jewish party kach who rejected the state s democratic character and the rights of the arab minority within the country won representation to the israeli parliament in the 1984 elections to the knesset as a result in 1985 israel s knesset amended a basic law so that parties who engage in incitement to racism would be outlawed 12 accordingly the supreme court did not allow the kach party to run again in the 1988 elections on the basis that the party advocates racism 12 republic of korea south korea edit learning from legislation of west germany national assembly of second republic inserted defensive democracy in their constitution in 1960 currently as of 2022 in the sixth republic it remains in the constitution 8 4 esp defensive democracy to prevent illegal parties and has some procedures in other laws the constitutional court of korea is in charge of deciding if a party is illegal and therefore should be dissolved for the first time since the constitutional court of korea was created in november 2013 the justice ministry of korea petitioned the constitutional court to dissolve the unified progressive party citing its pro north korean activities such as the 2013 south korean sabotage plot on 19 december 2014 the court ruled 8 1 that the unified progressive party be dissolved this ruling was quite controversial in south korea dubious discuss republic of china taiwan edit article 5 of the additional articles of the constitution of the republic of china clearly states that any political party whose purpose or behaviour threatens the existence of the republic of china or constitutional order of liberal democracy is unconstitutional and the constitutional court can dissolve it chile edit article 8 of the 1980 constitution originally declared acts and groups promoting violence totalitarianism or class struggle as unconstitutional as well as barring those found guilty of such from political and some civic activities for a number of years as a result of the 1989 referendum multiple reforms to the constitution were introduced repealing article 8 in its original form entirely but amending article 19 n 15 to replace it in much of its function without a specific mention of class struggle focusing on guaranteeing political pluralism and safeguarding the constitutional and democratic order see also edit communist party of germany v the federal republic of germany eternity clause in germany guided democracy national security paradox of tolerance socialist reich party references edit casal bértoa fernando bourne angela 2017 prescribing democracy party proscription and party system stability in germany spain and turkey european journal of political research 56 2 440 465 doi 10 1111 1475 6765 12179 issn 0304 4130 retrieved 2026 08 11 lublin david wright matthew 2014 don t start the party assessing the electoral effect of legal provisions impeding ethnoregional parties election law journal rules politics and policy 13 2 277 287 doi 10 1089 elj 2013 0220 issn 1533 1296 retrieved 2026 08 11 basedau matthias moroff anika 2011 parties in chains do ethnic party bans in africa promote peace party politics 17 2 205 222 doi 10 1177 1354068810391148 issn 1354 0688 retrieved 2026 08 11 hans gerd jaschke 2004 die zukunft der streitbaren demokratie the future of well fortified democracy totalitarismus und demokratie 1 1 109 123 markus thiel 2009 germany in markus thiel ed the militant democracy principle in modern democracies ashgate p 109 1 2 bastiaan rijpkema 2018 introduction militant democracy the limits of democratic tolerance routledge andrás sajó 2004 militant democracy and transition towards democracy in andrás sajó ed militant democracy eleven international publishing p 221 svetlana tyulkina 2015 militant democracy undemocratic political parties and beyond routledge p 13 cristóbal rovira kaltwasser 2019 militant democracy versus populism in anthoula malkopoulou alexander s kirshner eds militant democracy and its critics populism parties extremism edinburgh university press p 75 markus thiel 2009 germany in markus thiel ed the militant democracy principle in modern democracies ashgate pp 109 110 ivan ermakoff 2018 frail democracy in afshin ellian bastiaan rijpkema eds militant democracy political science law and philosophy springer p 51 1 2 burack emily 1 march 2019 rabbi meir kahane and israel s far right explained times of israel literature edit andras sajo from militant democracy to the preventive state constitutional law review no 1 rory o connell militant democracy and human rights principles constitutional law review no 1 authority control databases international gnd national korea retrieved from https en wikipedia org w index php title defensive_democracy oldid 1374262710 categories types of democracy risk management hidden categories articles with short description short description is different from wikidata articles needing translation from german wikipedia articles needing additional references from january 2021 all articles needing additional references articles needing additional references from march 2024 articles containing german language text articles containing potentially dated statements from 2022 all articles containing potentially dated statements all articles with specifically marked weasel worded phrases articles with specifically marked weasel worded phrases from june 2012 all accuracy disputes articles with disputed statements from december 2020 this page was last edited on 10 september 2026 at 22 20 utc page was rendered with parsoid text is available under the creative commons attribution sharealike 4 0 license additional terms may apply by using this site you agree to the terms of use and privacy policy wikipedia is a registered trademark of the wikimedia foundation inc a non profit 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