Militant Democracy and Human Rights Principles
Constitutional Law Review, pp. 84-90, 2009
14 Pages Posted: 1 Mar 2010 Last revised: 16 Feb 2015
Date Written: 2009
The European Court of Human Rights has occasionally made use of the language familiar from discussions of a “militant democracy” or a “democracy capable of defending itself” and scholars have used the term when discussing the Strasbourg jurisprudence. This paper suggests that it is more appropriate to concentrate on the requirements of a deliberative and participatory democratic society, rather than the theme of militant democracy. This paper examines the Strasbourg jurisprudence that may fall under this heading, and finishes by highlighting considerations the ECtHR should keep to the forefront when dealing with these cases.
Keywords: Human Rights, Militant Democracy. European Convention on Human Rights
JEL Classification: K10
Suggested Citation: Suggested Citation