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Militant Democracy and Fundamental Rights, II

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  • Loewenstein, Karl

Abstract

Some Illustrations of Militant Democracy. Before a more systematic account of anti-fascist legislation in Europe is undertaken, recent developments in several countries may be reviewed as illustrating what militant democracy can achieve against subversive extremism when the will to survive is coupled with appropriate measures for combatting fascist techniques.1. Finland: From the start, the Finnish Republic was particularly exposed to radicalism both from left and right. The newly established state was wholly devoid of previous experience in self-government, shaken by violent nationalism, bordered by bolshevik Russia, yet within the orbit of German imperialism; no other country seemed more predestined to go fascist. Yet Finland staved off fascism as well as bolshevism. At first, the political situation was not unlike that of the Weimar Republic in the years of disintegration. The Communist party, declared illegal by the High Tribunal as early as 1925, reconstituted itself and, in 1929, obtained a large representation in the Riksdag, thereby blocking any constitutional reform. Under the decidedly extra-constitutional pressure of the nationalist and semi-fascist movement of the Lapuans, the Communists were so intimidated that nationalists, and progressives (bourgeois liberals), against the opposition of the social Democrats, were able to carry the constitutional reforms which not only strengthened the position of the government but also eventually barred subversive parties—meaning, at that time, the Communists—from national and communal representation.

Suggested Citation

  • Loewenstein, Karl, 1937. "Militant Democracy and Fundamental Rights, II," American Political Science Review, Cambridge University Press, vol. 31(4), pages 638-658, August.
  • Handle: RePEc:cup:apsrev:v:31:y:1937:i:04:p:638-658_03
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    Cited by:

    1. Voigt, Stefan, 2020. "Mind the Gap – Analyzing the Divergence between Constitutional Text and Constitutional Reality," ILE Working Paper Series 32, University of Hamburg, Institute of Law and Economics.
    2. Barabash Yurii & Berchenko Hryhorii, 2019. "Freedom of Speech under Militant Democracy: The History of Struggle against Separatism and Communism in Ukraine," TalTech Journal of European Studies, Sciendo, vol. 9(3), pages 3-24, September.
    3. Newman, Abraham, 2006. "Struggling Over Civil Liberties: The Troubled Foundations of the West," Institute of European Studies, Working Paper Series qt0411j8nk, Institute of European Studies, UC Berkeley.
    4. Stefan Rummens & Koen Abts, 2010. "Defending Democracy: The Concentric Containment of Political Extremism," Political Studies, Political Studies Association, vol. 58(4), pages 649-665, October.
    5. Jerg Gutmann & Stefan Voigt, 2023. "Militant constitutionalism: a promising concept to make constitutional backsliding less likely?," Public Choice, Springer, vol. 195(3), pages 377-404, June.
    6. Zachary Elkins, 2021. "Term-limit evasions and the non-compliance cycle," Constitutional Political Economy, Springer, vol. 32(3), pages 326-345, September.
    7. Bjørnskov, Christian & Mchangama, Jacob, 2023. "Freedom of Expression and Social Conflict," Working Paper Series 1473, Research Institute of Industrial Economics.

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