Constitutional Defence Against the “Enemies” of Democracy: Theoretical Considerations and the Russian Experience

Abstract

Democratic constitutional order is occasionally threatened by anti-democratic forces, and thus, requires special protection. The concept of militant democracy has been developed to provide adequate defensive mechanisms. In this article, we discuss positive aspects of their application, but also highlight the risks of abusing these defensive mechanisms. Essentially, the problems are associated with narrowing the political space and favouring the dominant political force. Fragile democracies, including Russia, are particularly vulnerable to such exposure. A targeted study of Russian legislation and the caselaw of the Constitutional Court of the Russian Federation has allowed us to identify the prerequisites for effective implementation of the doctrine of self-defence in line with the principles of constitutionalism.