MILITANT DEMOCRACY AND POPULISM: A RESPONSE TO GINSBURG AND HUQ

In their recent book How to Save A Constitutional Democracy, Tom Ginsburg and Aziz Huq have effectively presented different methods of democracy erosion and possible techniques to confront the erosion. They argued, among other things, that militant democracy framework, the European most widely accepted device for democracy self-defense, is not just an inadequate technique for confronting democratic backsliding but also may turn dangerous in practice as it may discriminate minorities, especially Muslims. In this paper, I will argue that militant democracy should be distinguished from the idea of a “counter-terror” state and interferences with the public manifestation of one’s religion, and show that militant democracy measures could be a barrier to illiberalism (together with other anti-erosion measures), especially if imposed by translational and international institutions.