15 September 2026
Indirect Militant Democracy
In June 2023, the AfD won the district administration of Sonneberg. Between the first round and the runoff, the AfD’s vote share rose from 46.7 to 52.8 per cent, a gain of 6.1 percentage points. Its CDU opponent went from 35.7 to 47.2 per cent, gaining 11.5 points. The AfD won, but its eleven-point lead almost halved. Requiring it to compete for support beyond its initial electorate made victory harder. The episode recommends a form of indirect militant democracy: electoral rules that make limited appeal beyond a party’s committed supporters a disadvantage. Continue reading >>
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06 July 2026
Instrumentalised Migration or an Instrumentalised Court?
Amid pending proceedings before the ECtHR concerning summary expulsions and arbitrary detentions, in a context marked by over 120,000 documented push-backs on the Belarusian border, the Chișinău Declaration seeks to influence the legal framework within which the Court assesses such practices. The Declaration emphasises the fundamental duty of states to protect their borders and maintain national security in the context of instrumentalisation of migration, drawing on “democracy capable of defending itself”. I argue that it is not a task for the Court to carve its decisions based on geopolitical circumstances. Continue reading >>
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21 April 2026
Swastika in the Polish Parliament
In a recent incident in the Polish Parliament, an extreme right-wing MP, Konrad Berkowicz, displayed a modified Israeli flag bearing a swastika in place of the Star of David while accusing Israel of committing genocide. The ECHR protects severe criticism of governments, allegations of international crimes, and speech that “shocks, offends or disturbs”. Yet the question is whether the use of a Nazi symbol remains protected political expression in a constitutional order shaped by the legacy of Nazism and the Holocaust. In our view, it does not. Continue reading >>
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06 January 2026
Defending Democracy Against Itself
Five years ago today, Trump’s supporters stormed the Capitol after his defeat in the 2020 election. Two years ago, in Trump v. Anderson, the U.S. Supreme Court kept Trump on the presidential ballot. What would the world look like if militant democracy had prevailed in the United States? Maybe not so different after all. Democracy is best defended not by banning its opponents, but by renewing popular support through participation, persuasion, and substantive reform. Continue reading >>
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24 July 2025
The Great Recall Movement
Confronted with lawmakers they themselves elected just eighteen months ago, Taiwanese citizens have creatively repurposed the antiquated mechanism of "recall" as a last-resort check on a runaway legislature. Sparked by a year of legislative overreach and erosion of constitutional checks, this unprecedented campaign reflects Taiwan's spirit of civic constitutionalism, and its determination to defend its democratic institutions. Continue reading >>
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09 May 2025
“Only a Vigilant Democracy Can Be a Resilient Democracy”
Five Questions to Kyrill-Alexander Schwarz Continue reading >>
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30 April 2025
Popular Struggle for Democracy in Indonesia
In Indonesia, newly elected President Prabowo Subianto is facing nationwide protests against his democracy-eroding policies. As institutional checks and balances are gradually being dismantled from within and the executive continues to accumulate power, the “Dark Indonesia” protest movement highlights the importance of a critical civil society in safeguarding a country’s democracy. Continue reading >>
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07 April 2025
Enforcing the Law of Democracy
It was a political bombshell. On Monday, 31 March 2025, Marine Le Pen, leader of the far-right party Rassemblement National (National Rally) in France, was convicted of misappropriation of public funds in the so-called “parliamentary assistants” case. The judgment is marked by an unusual degree of judicial creativity, particularly in its underlying conception of democracy, which may be understood through the lens of militant democracy. Although it does not constitute a political judgment in the traditional, partisan sense, its constitutional and symbolic significance is substantial—and the backlash it has provoked against the judiciary is a cause for concern. Continue reading >>01 April 2025
Romanian Militant Democracy in Action
On March 11, 2025, the Romanian Constitutional Court definitively barred far-right extremist Călin Georgescu from running as a candidate in the upcoming presidential election. This decision represents the culmination of a series of landmark decisions through which the Court has strengthened the principle of militant democracy. Moreover, the Court has affirmed the EU and NATO membership as a central component of Romania’s democracy and rule of law, shielding it from subversion by the principles of non-regression and militant democracy. Continue reading >>13 March 2025