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...

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Main Author: Jelena von Achenbach
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/
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author Jelena von Achenbach
author_facet Jelena von Achenbach
author_sort Jelena von Achenbach
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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>
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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/
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