Three Models of Democratic Self-Defence: Militant Democracy and Its Alternatives

Abstract

Militant democracy relies on the idea that democracies ought to defend themselves from anti-democratic forces by constitutionalising repressive measures. We offer a criticism of this view by highlighting the exclusionary elitism on which militant democracy is built. In doing this, we consider two competing models of democratic self-defence: the procedural and the social. We suggest that the procedural model, while avoiding the exclusionary and other pitfalls of militant democracy, is detached from socio-political realities and fails to offer a comprehensive vision of democratic stability. The largely neglected social model of democratic self defence avoids this problem; it combines proceduralism’s commitment to dissensus with a social-democratic logic in the design of democratic constitutions. We argue in favour of such a social democratic self-defence and further develop this model around the guiding principle of political and social non-domination.