Koncept “borbene demokracije” u SR Njemačkoj
THE CONCEPT OF “MILITANT DEMOCRACY” IN GERMANY

Summary/Abstract: Due to the historical experience with the Weimar Republic, some abiding constitutional principles have been built into the new Constitution of the Federal Republic of Germany (its Fundamental Law). Instead of the positivist and formalistic interpretation of democracy of the Weimar Constitution, the authors of the Fundamental Law have opted for the concept of the so-called “militant democracy” i.e. democracy firmly linked to certain values. The concept of “militant democracy” is found in a number of articles in the German Fundamental Law, as a preemptive protection of democracy and a bulwark against extremist positions even before extremist groups break any law. The concept of “militant democracy” is based on the democratictheoretical and sociological-philosophical assumptions by Karl Loewenstein and Karl Mannheim. They have been converted into constitutional practice and incorporated into the German Fundamental Law. However, the instruments of “militant democracy” do not include only the protective measures stipulated by the Constitution but an array of other measures of different intensity. Various instruments of “militant democracy” meant to protect democracy in the FR of Germany are described and include the discursive, penal-legal, administrative and constitutional-legal protection of democracy. The instruments of the protection of democracy in the Federal Republic of Germany are not unique, but some instruments e.g. the possibility of banning political parties are very rare in western democracies. And finally, this situation is briefly compared to the situation in some western and postcommunist democracies.

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