Militant Democracy

Svetlana Tyulkina is a Postdoctoral Research Fellow on the Australian Research Council Laureate Fellowship: Anti-Terror Laws and the Democratic Challenge Project in the Gilbert + Tobin Centre of Public Law, University of New South Wales, Australia.

This book offers a comparative look at the legal concept of militant democracy. It combines an analysis of the theoretical considerations of this concept with an investigation of its practice in a number of countries and on a diverse array of issues. The book provides a thematic treatment of militant democracy practices in a range of jurisdictions, including Australia, Turkey, Spain, Germany, Israel, India, the USA and the Council of Europe. Recent developments in the understanding of militant democracy are considered such as its possible extension to address threats other than undemocratic political parties such as dangerous religious movements and the threat of terrorism.

Introduction Part I. Militant Democracy: Foundations 1. Militant Democracy: Historical and Theoretical Perspectives 2. The Concept Of Militant Democracy: Problematic Or Justified? 3. The Concept Of Militant Democracy In The Practice Of Modern States Part II. Militant Democracy and Undemocratic Political Parties 4. Applying Militant Democracy: Testing the Concept in Practice, Setting Standards, and Identifying Major Challenges 5. Militant Democracy and 'Undemocratic' Political Parties in Europe 6. 'Softer' Militant Democracy Measures: Alternative Solutions from India and Israel Part III. Militant Democracy as Applied To Counter-Terrorism 7. The Banning Of Political Parties as a Response to Terrorism In Spain 8. Militant Democracy: A Guide to Australia's Counter-Terrorism Policies? Part IV. Militant Democracy and Principle of Secularism 9. 'Militant Secularism' In Turkey 10. Militant Democracy and the Principle of Secularism in the Practice of the European Court Of Human Rights Conclusion