Abstract

Democratic constitutional order is occasionally threatened by anti-democratic forces, andthus, requires special protection. The concept of militant democracy has been developedto provide adequate defensive mechanisms. In this article, we discuss positive aspectsof their application, but also highlight the risks of abusing these defensive mechanisms.Essentially, the problems are associated with narrowing the political space and favouringthe dominant political force. Fragile democracies, including Russia, are particularlyvulnerable to such exposure. A targeted study of Russian legislation and the caselawof the Constitutional Court of the Russian Federation has allowed us to identify theprerequisites for effective implementation of the doctrine of self-defence in line with theprinciples of constitutionalism.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.