Wehrhafte Demokratie in der Bewährung

Isabella Friederike Gilles examines the capacity of the Federal Republic of Germany's democracy to defend itself against anti-democratic tendencies. Following a discussion of the intellectual-historical and legal-historical foundations of democratic self-defence law, as well as a fundamental critique of the concept and practice of democracy defence, she outlines the provisions of the German legal order that fall under the concept of militant democracy. These include both constitutional and ordinary statutory norms aimed at protecting the free democratic basic order against unconstitutional tendencies within the population as well as within state institutions. She then addresses the question of how unconstitutional tendencies can be identified and, drawing on insights from political and social science, sets out the current threats to democracy. On the basis of an analysis of appropriate evaluative criteria, she examines the extent to which the rules associated with militant democracy can contribute to the effective defence of the Federal Republic's free democratic order. Finally, the limits of militant democracy are delineated; in this context, it is shown that while democratic self-defence law is capable of repelling attacks on the free democratic order, it cannot ensure the population's lasting commitment to the democratic form of government.