Defensive Democracy

Authors

DOI:

https://doi.org/10.11117/rdp.v22i113.8643

Abstract

The article explores the concept of "defensive democracy" in Germany, a system that seeks to protect the liberal and democratic constitutional order against internal and external threats. It analyzes the historical roots of this concept in the Weimar Republic and how the German Basic Law incorporated mechanisms to avoid repeating the mistakes of the past. The study details the constitutional and legal instruments available, such as the prohibition of anti-constitutional parties and associations, the deprivation of fundamental rights, and the surveillance of extremist activities. It emphasizes the importance of the duty of loyalty to the Constitution by civil servants, judges, and soldiers, as well as the protection of the Constitution as a whole. It concludes that defensive democracy in Germany is a complex and multifaceted system that aims to balance the protection of democratic values with the guarantee of individual freedoms.

 

KEYWORDS: Defensive democracy; German Constitution; Weimar Republic; Fundamental rights; Extremism.

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Author Biography

Josef Christ, Ministro do Tribunal Constitucional alemão (Bundesverfassungsgericht). Karlsruh. Alemanha I Heidelberg University. Heidelberg. Alemanha

Justice of the German Federal Constitutional Court (Bundesverfassungsgericht) since 2017. PhD from Heidelberg University (Germany).

Published

2025-08-27

How to Cite

Christ, J. (2025). Defensive Democracy. Direito Público, 22(113). https://doi.org/10.11117/rdp.v22i113.8643