Varieties of Militant Democracy

Following the recent classification of the AfD by the German Verfassungsschutz as "gesichert rechtsextrem", there is a renewed discussion in Germany whether to prohibit the AfD.  But is it democratically justifiable to ban parties or candidates that threaten to overturn democracy? If so, what substantive and procedural requirements can ensure that such bans will not become a tool abused by incumbents to thwart popular challengers? Under what circumstances are such interventions likely to be effective, when are they likely to be counterproductive? This presentation will draw on arguments and constitutional experiences across liberal democracies, not in order to produce comprehensive answers to these questions, but to provide an overview of relevant issues and offer some tentative hypothesis.

Mattias Kumm is Research Professor “Global Constitutionalism" at the WZB and Professor "Rule of Law in the Age of Globalization” at the Humboldt University Berlin.