This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Who governs is a central question in political science. Typically, political scientists address this question by relying upon either empirical analysis, which explains existing political practices, or normative analysis, which orescribes ideal politcal practices.

Since the 1970s, sub-state national minorities in a number of developed liberal democracies have both reasserted their cultural distinctiveness and demanded recognition of it in legal and political terms. This book examines the role played by law in the negotiation of competing rights claims.

How should liberal democratic governments respond to citizens as religious believers whose values, norms and practices might lie outside the cultural mainstream? Some of the most challenging political questions arising today focus on the adequacy of a policy of ‘live and let live’ liberal toleration in contexts where disputes about the metaphysical truth of conflicting world-views abound. Does liberal toleration fail to give all citizens their due? Do citizens of faith deserve a more robust form of accommodation from the state in the form of ‘recognition’. This issue is far from settled. Controversies over the terms of religious accommodation continue to dominate political agendas around the world. This is the first edited collection to provide a sustained examination of the politics of toleration and recognition in an age of religious pluralism. The aftermath of the events of September 11th have dramatised the urgency of this debate. It has also surfaced, nationally and globally, in disputes about terrorism, security and gender and human rights questions in relation to minority communities. This volume brings together a group of new and established scholars from the fields of law and philosophy, who all present fresh and challenging perspectives on an urgent debate. It will be indispensable reading for advanced researchers in political and legal philosophy, religious and cultural studies and related disciplines.

Provides a comparative analysis of church-state issues in the United States, the Netherlands, Australia, England, and Germany, and argues that the U.S. is unique in the way it resolves religious freedom and religious establishment questions.

“Pluralism by Default will change the way we understand the emergence of democracies and the consolidation of autocracies.” —Chrystia Freeland, author of Plutocrats Exploring sources of political contestation in the former Soviet Union and beyond, Pluralism by Default proposes that pluralism in “new democracies” is often grounded less in democratic leadership or emerging civil society and more in the failure of authoritarianism. Dynamic competition frequently emerges because autocrats lack the state capacity to steal elections, impose censorship, or repress opposition. In fact, the same institutional failures that facilitate political competition may also thwart the development of stable democracy. “A tour de force brimming with theoretical originality and effective use of in-depth case studies. It will enrich our understanding of post-communist politics and help reshape the way we think about democracy, authoritarianism, and regime change more broadly.” —M. Steven Fish, author of Democracy Derailed in Russia: The Failure of Open Politics

Territorial pluralism is a form of political autonomy designed to accommodate national, ethnic, or linguistic differences within a state. It has the potential to provide for the peaceful, democratic, and just management of difference. But given traditional concerns about state sovereignty, nation-building, and unity, how realistic is it to expect that a state’s authorities will agree to recognize and empower distinct substate communities? Territorial Pluralism answers this question by examining a wide variety of cases, including developing and industrialized states and democratic and authoritarian regimes. Drawing on examples of both success and failure, contributors analyze specific cases to understand the kinds of institutions that emerge in response to demands for territorial pluralism, as well as their political effects. With identity conflicts continuing to have a major impact on politics around the globe, they argue that territorial pluralism remains a legitimate and effective means for managing difference in multinational states.