CEU Electronic Theses and Dissertations, 2024
| Author | Ozaydin, Dilara |
|---|---|
| Title | Militant Democracy and Eternity Clauses: A Comparative Analysis of France, Germany, and Turkey |
| Summary | This thesis examines the legal and theoretical frameworks that enable democracies to defend themselves against internal threats. Focusing on militant democracy and constitutional eternity clauses, the research explores how these mechanisms function to preserve core democratic principles while balancing the need for social flexibility and adherence to democratic norms. Through a comparative empirical analysis of France, Germany, and Turkey, the thesis investigates the historical and contemporary applications of these concepts, highlighting the different approaches and challenges faced by each country. The study delves into the role of the judiciary, the philosophical underpinnings of unamendability, and the practical implications of militant democracy in safeguarding democratic stability. By critically reflecting on the tension between protecting fundamental democratic values and allowing for constitutional evolution, this thesis provides a nuanced understanding of the effectiveness and limitations of militant democracy and eternity clauses in different political contexts. |
| Supervisor | Böckenförde, Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/ozaydin_dilara.pdf |
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