Militant Democracy and Populism : a response to Tom Ginsburg and Aziz Huq

Beširević, Violeta (2022) Militant Democracy and Populism : a response to Tom Ginsburg and Aziz Huq. In: PRAVO i društvo : liber amicorum Josip Kregar / urednici Đorđe Gardašević, Viktor Gotovac, Siniša Zrinščak. Biblioteka Zbornici . Pravni fakultet Sveučilišta u Zagrebu, Zagreb, pp. 133-160. ISBN 978-953-270-159-3

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Abstract

This short essay has the following aims: first, it is written to honor professor Josip Kregar, who was a democracy promoter all his life, either within the former Yugoslavia, or today’s Croatia, which was a rather challenging task he never gave up; second, to respond to Tom Ginsburg and Aziz Huq, who in their recently published book How to Save a Constitutional Democracy, labeled militant democracy a dangerous and inadequate tool for confronting the present phenomena of democratic backsliding. In this essay, I will first argue that the authors’ skepticism towards militant democracy springs from a wrong association of militant democracy with other concepts that also do not treat individual liberty as an absolute value and, then, sketch an argument why militant democracy could help confront democratic backsliding.

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