Constitutional defence of democracy: from non-exportability to undetermined polymorphism
by Otto Pfersmann
International Journal of Human Rights and Constitutional Studies (IJHRCS), Vol. 7, No. 4, 2020

Abstract: Democracy is increasingly protected through ever complex constitutional design, but complexity adds to paradoxically weaken the protection as its standards become ever more undetermined and vague. The paper proceeds in reconstructing the steps of this evolution from constitutional criminal law to constitutional formalisation and the introduction of higher order constitutional law. It then appears that what most strengthens democracy may also weaken its working and promote ideological instead of legal scholarship.

Online publication date: Mon, 30-Nov-2020

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