Militarisation of democracy in Slovakia

Steuer, Max; Kovanič, Martin

doi:10.4324/9781003245162-13

Cited by 3 publications

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“…139 Authorities reacted to these strategies with sporadic legal proceedings, such as the denial of registration for The People's Guard, an organisation associated with the PPOS that employed symbolics resembling the wartime Slovak state. 140 Other petitions, however, amounted to a failure on the prosecution's side. 141 The attorney general's 2017 petition for banning the PPOS after seven years of operations and the 2016 electoral success was by far the most significant action in support of a party ban in Slovakia to date.…”

Section: Slovakiamentioning

confidence: 99%

The Role of Judicial Craft in Improving Democracy’s Resilience: The Case of Party Bans in Czechia, Hungary and Slovakia

Steuer

2022

European Constitutional Law Review

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The unsuccessful petition to ban Slovakia’s extreme right parliamentary party – the value of focusing on judicial craft for studies of militant democracy and courts – statutory frameworks as intervening variables and their overview in Czechia, Hungary and Slovakia – key components of judicial craft endogenous to courts: consistency, legal reasoning skills, problem-solving abilities, creativity – the cases of Workers’ Party (Czechia), Slovak Togetherness–National Party (Slovakia), People’s Party Our Slovakia (Slovakia) and Hungarian Guard (Hungary) – the decisions of the Czech Supreme Administrative Court (2009) and the Slovak Supreme Court (2019) – re-evaluating what counts as ‘success’ with party bans: judicial craft affects the effectiveness of the statutory framework for party bans – a court-centric perspective on militant democracy when courts face illiberal assaults

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Section: Slovakiamentioning

confidence: 99%

The Role of Judicial Craft in Improving Democracy’s Resilience: The Case of Party Bans in Czechia, Hungary and Slovakia

Steuer

2022

European Constitutional Law Review

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“…With the development of new technologies, novel challenges for modern democracies emerge� As the current research reveals, the protective measures inherent in democracy, known as militant-democratic measures, are insufficient to prevent de-democratization effectively (Kużelewska, 2022)� Researchers highlight that the existing legal solutions fail to consider technology development and are outdated� Moreover, political decision-makers controlling the legislature create ostensibly protective measures that provide structural opportunities for abusing democratic institutions and values (Steuer & Kovanič, 2022)� At the same time, anti-democratic actors abuse these legal measures in practice� Social, political, and economic crises, which are the context for democratic backsliding, are conducive to abuses (Rezmer-Płotka, 2022)� Also, political nations increasingly tolerate the misuse of anti-democratic means of shaping power� The current studies account for an authoritarian turn resulting from exploiting militantdemocratic measures, not using them, and employing inadequate means (Rak, 2022)� However, it remains a puzzle why some militant democracies do not make democracies vulnerable�…”

Section: Introductionmentioning

confidence: 99%

Epistemic Fairness in Militant Democracies: Shaping Freedom of Speech on the Internet in the Inner Six

Rak,

Owczarek

2023

APSP

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Embedded in the theories of epistemic fairness and militant democracy and based on the qualitative document analysis, the case study deals with the research question: What is the epistemic fairness of threats’ definitions included in the restrictions on the freedom of speech on the Internet in the Inner Six states? The article delivers initial evidence to support the theorygrounded assumption that epistemic fairness in legally defining threats to liberal democracy is a component of militant democracies that makes democracy last and not erode. Slight deviations from the principle of epistemic fairness in defining threats to democracy in France and Italy coincided with an incidental reduction in the quality of democracy. This is the first case study on militant democracies using the theoretical category of epistemic fairness. Preliminary conclusions incentivize more extensive comparative research, including other restrictions to democratic freedoms.

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Illiberal Constitutionalism in Central and Eastern European States

Drinóczi,

Bień-Kacała

2023

The Oxford Handbook of Illiberalism

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The post-communist countries of Central and Eastern Europe (CEE) share a similar history, which created identities and value preferences that could accommodate illiberal constitutionalism. Nevertheless, illiberal constitutionalism has to date emerged only in Hungary and Poland, which have witnessed the gradual transformation of their political and legal systems (albeit to differing extents) over the past decade. The distinctive factor of illiberal transformation seems to be a charismatic leader who is willing to turn the existing constitutionalism into its illiberal version and attracts support for this project. Although other EU member states in the region have exhibited certain patterns of illiberalism, governing majorities have not transformed their respective constitutional systems into illiberal constitutionalism. In these cases, illiberalism—which may take the form of illiberal ideas in society, exclusion of certain ideas and people, and actions against the EU—remains only an element in political discourse rather than a dominating fact within constitutional and political regimes.

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Militarisation of democracy in Slovakia

Cited by 3 publications

References 0 publications

The Role of Judicial Craft in Improving Democracy’s Resilience: The Case of Party Bans in Czechia, Hungary and Slovakia

The Role of Judicial Craft in Improving Democracy’s Resilience: The Case of Party Bans in Czechia, Hungary and Slovakia

Epistemic Fairness in Militant Democracies: Shaping Freedom of Speech on the Internet in the Inner Six

Illiberal Constitutionalism in Central and Eastern European States

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