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PUŠKÁROVÁ, E.:
Theoretical framework of the Concept of the Militant Democracy
Právny obzor, 99, 2016, č. 4, s. 331
– 352.
Abstract. It seems that suppression of the Fascism, Nazi regime
and the retreat of the Communist Ideology did not bring safety to the Democracy.
Nowdays, Democracy has to repeatedly challenge the threats of the Extremism,
Radicalism and Terorism. In order to become self-defending, Democratic States
adopt various democratic measures resulting in the limitation of the Democratic
Rights and Freedoms. The question remains as to under what conditions the
Democracy can defend itself without destroying own Democratic Pillars that would
result in loss of its own Democratic Identity. This question has been subject of
the vivid interest of the Comparative Constitutional Law and Political Science
since the fascists seized the political power in the 20th century. In the Slovak
conditions, this subject has not been brought to the sufficient attention
however the peril of Extremism and Radikalism can not be neglected in the Slovak
Society mainly at present when Parliamentary Mandates has been gained also by
the Political Party publicly marked to be extremist one. Regarding the absence
of necessary legal research within Slovakia, the paper aims to design the
concept of the Militant Democracy in respect of the different approches among
European and American scholars with focus to the identification of militant
measures and strategies used by Democracies against those striving for
destruction of the Democratic principles.
Key words: Militant Democracy,
Self-defending Democracy, Extremism, Limitations of the Human Rights and
Freedoms
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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