In The Open Society and its Enemies, Popper exposed the paradox of tolerance: Unlimited tolerance must lead to the disappearance of tolerance. Or in other words: if a society is unlimitedly tolerant, its capacity to tolerate will be reduced or destroyed by the intolerant. The paradox can be overcome if tolerance finds limits: if intolerance is exercised with the intolerant. The paradox of tolerance can easily be applied to other public contexts of deliberation and decision such as democracy. If a democratic practice is unlimitedly tolerant with anti-democrats, they will reduce and destroy it. To overcome the paradox of unlimitedly tolerant democracy, Loewenstein proposed the militant democracy model: an interpretation of democracy that describes it as the most legitimate and effective system of deliberation that can best preserve a series of pre-political goods and values, thus the main inquiry is: What constitution would be appropriate for a militant democracy?
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!