Militant Democracy and Human Rights Principles

Constitutional Law Review, pp. 84-90, 2009

14 Pages Posted: 1 Mar 2010 Last revised: 16 Feb 2015

See all articles by Rory O'Connell

Rory O'Connell

Ulster University - Transitional Justice Institute

Date Written: 2009

Abstract

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

O'Connell, Rory, Militant Democracy and Human Rights Principles (2009). Constitutional Law Review, pp. 84-90, 2009. Available at SSRN: https://ssrn.com/abstract=1561002

Rory O'Connell (Contact Author)

Ulster University - Transitional Justice Institute ( email )

Shore Road
Newtownabbey, County Antrim BT37 OQB
Northern Ireland

HOME PAGE: http://www.transitionaljustice.ulster.ac.uk/

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