Blog of the International Journal of Constitutional Law

Tag: Militant Democracy

  • The Perils of Presidentialism (and the Lessons of the United States)

    —Miguel Schor, Professor of Law, Associate Director of the Drake University Constitutional Law Center, and the Class of 1977 Distinguished Scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2024 columnists, see here.] Presidentialism has a comparatively poor democratic track record.

  • Militant Democracy in America

    —Miguel Schor, Drake University Law School Comparative constitutionalism, long a backwater among American constitutionalists, is enjoying a resurgence as scholars seek to better understand Trumpism and what it might portend for American democracy. The term autogolpe began to trend when a mob attacked the Capitol after Trump, who knows little about Henry II or Thomas Beckett, harangued his followers to do something about the troublesome congressional certification of the electoral college vote.

  • Black Belt Constitutionalism: Considering “Street fighting” as a Constitutional Essential

    –Ursus Eijkelenberg, University of Manchester, Zeit-Stiftung Not too long ago I watched the BBC documentary ‘Putin, Russia and the West’, a fascinating piece of political journalism and film-making. The work documents a big part of Putin’s rise to power, both his tactics and techniques in acquiring and consolidating power nationally as well as his foreign policy; his actions in the region and the relation and interplay with the West, primarily the United States.

  • Democratic Erosion and Militant Democracy

    –Tom Ginsburg and Aziz Huq, The University of Chicago Law School In 1937, the German political scientist Karl Loewenstein published a two-part article that coined the term militant democracy.[1]  Concerned with the inadequate democratic response to the rising threat of fascism, he called for a set of legislative and legal techniques that would allow democracy to defend itself against threats that emerge from within.

  • The Irrelevance of Liberal Constitutionalists: Germany, India and the United States (I-CONnect Column)

    —Menaka Guruswamy, Fellow, Wissenschaftskolleg zu Berlin and Advocate, Supreme Court of India [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts.

  • Time to View Democratic Decay as a Unified Research Field?

    —Tom Gerald Daly, Associate Director, Edinburgh Centre for Constitutional Law Each passing month brings more warnings of global democratic decay, which we might loosely define as the incremental degradation of the structures and substance of liberal democracy, as distinct from a clear and rapid breakdown of democratic rule.