Democratic self-defence by constitutional integration

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Authors: Jakub Dienstbier
Cited by: 0
References: 76

Abstract

Abstract Constitutional democracies face significant threats. Such threats are countered by various theories of militant democracy and non-militant democratic self-defence, using a wide range of repressive, educational and social policy tools. The article introduces an alternative perspective on democratic self-defence policies, emphasising integration as a key component in maintaining the resilience of the constitutional community and draws on Rudolf Smend’s integration theory. It explores how constitutional design through its structures, powers, procedures, rituals and symbols shapes community cohesion and strengthens the constitutional order by deliberately using emotions.

Fields of Study & Subjects

Comparative constitutional jurisprudence studies Political Theory and Democracy German legal social and political studies

Publication details

Journal / source
International Journal of Law in Context
Volume
22
Issue
2
Pages
216–234
Publication date
6 February 2026
Language
EN