Constitutional Defence Against the “Enemies” of Democracy: Theoretical Considerations and the Russian Experience

Abstract

Democratic constitutional order is occasionally threatened by anti-democratic forces, andthus, requires special protection. The concept of militant democracy has been developedto provide adequate defensive mechanisms. In this article, we discuss positive aspectsof their application, but also highlight the risks of abusing these defensive mechanisms.Essentially, the problems are associated with narrowing the political space and favouringthe dominant political force. Fragile democracies, including Russia, are particularlyvulnerable to such exposure. A targeted study of Russian legislation and the caselawof the Constitutional Court of the Russian Federation has allowed us to identify theprerequisites for effective implementation of the doctrine of self-defence in line with theprinciples of constitutionalism.