MILITANT DEMOCRACY AND HUMAN RIGHTS PRINCIPLES

Abstract

The European Court of Human Rights has occasionally made use of the language familiar from dis- cussions of a “militant democracy” or a “democracy capable of defending itself” and scholars have used the term when discussing the Strasbourg jurisprudence. This paper suggests that it is more appropriate to concentrate on the requirements of a deliberative and participatory democratic society, rather than the theme of militant democracy. This paper examines the Strasbourg jurisprudence that may fall under this heading, and finishes by highlighting considerations the ECtHR should keep to the forefront when dealing with these cases.