I explore the concept of militant democracy in the context of what appear to be persistent threats to the democratic order. I begin with reconstruction of militant democracy, intended to distinguish and identify historical manifestations of the concept. I then trace and document a core element of the concept — party regulation — across historical constitutions. I then turn to a particularly acute threat to democracy in developing societies — executive term-limit evasion. Term-limit evasion accelerates a pernicious negative cycle in which constitutional non-compliance begets constitutional weakness, which in turn begets subsequent non-compliance. Such a negative feedback loop is a core problem in law. Militant democracy, the logic of which implies the entrenchment and protection of term limits, would potentially disrupt such negative cycles.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!