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This book investigates the inherent tension between the need for democratic states to protect themselves from anti-democratic forces and the imperative to uphold democratic principles in doing so. Sajó, a distinguished legal scholar and former judge of the European Court of Human Rights, examines the theoretical underpinnings and practical challenges of 'militant democracy,' a concept that allows for the restriction of rights to preserve the democratic system itself. The work analyzes historical precedents and contemporary legal frameworks to argue for a balanced approach that prevents the abuse of such powers while safeguarding the democratic order.
András Sajó's "Militant Democracy" is recognized as a significant contribution to the study of constitutional law and political theory, particularly concerning the challenges faced by democracies in confronting internal threats. The book is noted for its rigorous legal analysis and its exploration of the complex trade-offs involved in protecting democratic institutions. Scholars and legal practitioners often cite Sajó's work for its nuanced perspective on when and how democratic states may legitimately limit rights to preserve themselves.
Page Count:
262
Publication Date:
2004-01-01
ISBN-10:
9077596046
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