The concept of militant democracy in the jurisprudence of the Constitutional Court

Vol.20,No.2(2012)

Abstract
Militant democracy features basic ideological conception for protecting democracy. This article analyzes position and judicial decisions of Constitutional Court of Czech Republic in militant democracy. Constitutional jurisprudence has to protect fundamental human rights, but on the other hand it has to defense democracy and its quality. It evokes important role of Constitutional Court in militant democracy, which is strengthened by authority of constitutional jurisprudence in democratic state.

Pages:
157–163
Author biography

Štěpán Výborný

Department of Constitutional Law and Political Science, Faculty of Law, Masaryk University, Brno

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