Talk:Defensive democracy
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I Checked your summary with deleting my words. But I have a question.
What is the defensive democracy? I have known that it derives from Constitution of West Germany, to prevent not only Totalitarian, but also communist who can affect and endanger West Germany. After legislation in West Germany, there have been some cases from Bundesverfassungsgericht(BVerG) with defensive democracy.
In §8(4) of South Korean Constitution, it is same to protect country from illegal parties. In Continental Law System, Defensive Democracy is the last core to protect democratic system from illegal group which arise with legal procedures, isn't it? So, I think what I inserted is correct. I want to know your opinion.
I forgot to add my signature. and there are some cases in BVerG.
There are two cases to use defensive democracy:The Sozialistische Reichspartei (SRP; a pro-nazi party) case in 1952, the Communist Party of Germany (KPD) in 1956. In Both Cases, BVerG judged them with a theory - liberative democratic principle-,such as democracy, humanity, free-choosing religion, et cetera. Solzhenitsyn 09:46, 6 April 2007 (UTC)
- What you are referring to are the two political parties that have been outlawed in Germany. There were a couple more cases that did not result in the party in question being outlawed: Free German Worker's Party (FAP) and National List (NL) weren't deemed political parties and the cases relegated to be judged by the Association Act. The National Democratic Party of Germany (NPD) was actually trialed twice, the first case being dismissed for procedural errors, the second because the NPD was not deemed to be influential enough to threaten German democracy.
- But that's not (all) what "defensive democracy" is about. It's about the fundamental structure of the Federal Republic of Germany not being up for discussion, and attacks on that fundamental structure being persecutable. You can have a different political leaning, you can have different opinions, and those opinions are protected by the Basic Law / constitution. *But* if you start working *against* that Basic Law, if you start *ignoring* the Basic Law (e.g. by systematically attacking minorities, discriminating by skin color or religion, or denying people their dignity), you (your party, your organisation, your logos and symbols) can be labeled anti-constitutional, and you lose the protection of the Basic Law.
- And if all other things break apart, Article 20 (4) of the German Basic Law states that *every* German has the right to resist anti-constitutional forces. -- DevSolar2 (talk) 09:03, 20 January 2026 (UTC)
Aharon Barak wasn't the first one to use the term
Aharon Barak wasn't the first one to use the term. a cross-checking in google of the words "yardor" and "defensive democracy" would show us, at least in part of the results, that the term was in use in the year 1964 . and yet, seemingly it was also not the first time to use these term. —Preceding unsigned comment added by 84.110.111.176 (talk) 07:48, 17 September 2008 (UTC)