No Case for Legal Interventionism: Defending Democracy Through Protecting Pluralism and Parliamentarism
<p>Being a democrat means accepting that the law is not a very durable sword against authoritarianism. Democratic law bends and submits to the majority. When push comes to shove, it lacks the capacity to defy anti-democratic, authoritarian majorities. Of course, this does not mean that legal m...
Main Author: | |
---|---|
Format: | Article |
Language: | deu |
Published: |
Max Steinbeis Verfassungsblog GmbH
|
Series: | Verfassungsblog |
Online Access: | https://verfassungsblog.de/no-case-for-legal-interventionism-defending-democracy-through-protecting-pluralism-and-parliamentarism/ |
_version_ | 1817969747926450176 |
---|---|
author | Jelena von Achenbach |
author_facet | Jelena von Achenbach |
author_sort | Jelena von Achenbach |
collection | DOAJ |
description | <p>Being a democrat means accepting that the law is not a very durable sword against authoritarianism. Democratic law bends and submits to the majority. When push comes to shove, it lacks the capacity to defy anti-democratic, authoritarian majorities. Of course, this does not mean that legal mechanisms and instruments are meaningless in this context. They can work against and impede the rise of anti-pluralist, illiberal and anti-democratic political movements. But it is important to acknowledge that legal interventions and prohibitive measures that target anti-liberal, anti-democratic political platforms also pose risks. They may undermine what they are supposed to protect: a free and egalitarian political process that is based on open political competition, pluralism and a free public discourse.</p>
|
first_indexed | 2024-04-13T20:25:37Z |
format | Article |
id | doaj.art-4ef59eea59bc4bc08ad94b0a1174a698 |
institution | Directory Open Access Journal |
issn | 2366-7044 |
language | deu |
last_indexed | 2024-04-13T20:25:37Z |
publisher | Max Steinbeis Verfassungsblog GmbH |
record_format | Article |
series | Verfassungsblog |
spelling | doaj.art-4ef59eea59bc4bc08ad94b0a1174a6982022-12-22T02:31:23ZdeuMax Steinbeis Verfassungsblog GmbHVerfassungsblog2366-70442366-7044No Case for Legal Interventionism: Defending Democracy Through Protecting Pluralism and ParliamentarismJelena von Achenbach<p>Being a democrat means accepting that the law is not a very durable sword against authoritarianism. Democratic law bends and submits to the majority. When push comes to shove, it lacks the capacity to defy anti-democratic, authoritarian majorities. Of course, this does not mean that legal mechanisms and instruments are meaningless in this context. They can work against and impede the rise of anti-pluralist, illiberal and anti-democratic political movements. But it is important to acknowledge that legal interventions and prohibitive measures that target anti-liberal, anti-democratic political platforms also pose risks. They may undermine what they are supposed to protect: a free and egalitarian political process that is based on open political competition, pluralism and a free public discourse.</p> https://verfassungsblog.de/no-case-for-legal-interventionism-defending-democracy-through-protecting-pluralism-and-parliamentarism/ |
spellingShingle | Jelena von Achenbach No Case for Legal Interventionism: Defending Democracy Through Protecting Pluralism and Parliamentarism Verfassungsblog |
title | No Case for Legal Interventionism: Defending Democracy Through Protecting Pluralism and Parliamentarism |
title_full | No Case for Legal Interventionism: Defending Democracy Through Protecting Pluralism and Parliamentarism |
title_fullStr | No Case for Legal Interventionism: Defending Democracy Through Protecting Pluralism and Parliamentarism |
title_full_unstemmed | No Case for Legal Interventionism: Defending Democracy Through Protecting Pluralism and Parliamentarism |
title_short | No Case for Legal Interventionism: Defending Democracy Through Protecting Pluralism and Parliamentarism |
title_sort | no case for legal interventionism defending democracy through protecting pluralism and parliamentarism |
url | https://verfassungsblog.de/no-case-for-legal-interventionism-defending-democracy-through-protecting-pluralism-and-parliamentarism/ |
work_keys_str_mv | AT jelenavonachenbach nocaseforlegalinterventionismdefendingdemocracythroughprotectingpluralismandparliamentarism |