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Militant Democracy and Fundamental Rights, I

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  • Loewenstein, Karl

Abstract

Fascism a World Movement. Fascism is no longer an isolated incident in the individual history of a few countries. It has developed into a universal movement which in its seemingly irresistible surge is comparable to the rising of European liberalism against absolutism after the French Revolution. In one form or another, it covers today more areas and peoples in Europe and elsewhere than are still faithful to constitutional government. Fascism's pattern of political organization presents a variety of shades. One-party-controlled dictatorships rule outright in Italy, Germany, Turkey, and, if Franco wins, also Spain. The so-called “authoritarian” states may be classified as belonging to the one-party or multiple-party type. To the one-party authoritarian group, without genuine representative institutions, adhere at present Austria, Bulgaria, Greece, and Portugal; while Hungary, Rumania, Yugoslavia, Latvia, and Lithuania may be classed together as authoritarian states of the multiple-party type, with a semblance of parliamentary institutions.

Suggested Citation

  • Loewenstein, Karl, 1937. "Militant Democracy and Fundamental Rights, I," American Political Science Review, Cambridge University Press, vol. 31(3), pages 417-432, June.
    • Handle: RePEc:cup:apsrev:v:31:y:1937:i:03:p:417-432_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. Jorge Ernesto Roa Roa, 2019. "Control de constitucionalidad deliberativo" El ciudadano ante la justicia constitucional, la acción pública de inconstitucionalidad y la legitimidad democrática del control judicial al legislador," Books, Universidad Externado de Colombia, Facultad de Derecho, number 1119.
    5. 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.
    6. 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.
    7. Zachary Elkins, 2021. "Term-limit evasions and the non-compliance cycle," Constitutional Political Economy, Springer, vol. 32(3), pages 326-345, September.
    8. Bjørnskov, Christian & Mchangama, Jacob, 2023. "Freedom of Expression and Social Conflict," Working Paper Series 1473, Research Institute of Industrial Economics.

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