Democratic self-defence by constitutional integration

Abstract Constitutional democracies face significant threats. Such threats are countered by various theories of militant democracy and non-militant democratic self-defence, using a wide range of repressive, educational and social policy tools. The article introduces an alternative perspective on democratic self-defence policies, emphasising integration as a key component in maintaining the resilience of the constitutional community and draws on Rudolf Smend’s integration theory. It explores how constitutional design through its structures, powers, procedures, rituals and symbols shapes community cohesion and strengthens the constitutional order by deliberately using emotions.

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Publication Details

Journal
International Journal of Law in Context
Published
2026-02-06
DOI
https://doi.org/10.1017/s174455232610038x
Primary Topic
War, Ethics, and Justification
Type
article
Field-Weighted Citation Impact
0.00

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article

Democratic self-defence by constitutional integration

Jakub Dienstbier
International Journal of Law in Context
War, Ethics, and Justification
article

Democratic self-defence by constitutional integration

Jakub Dienstbier
article en

Abstract

Abstract Constitutional democracies face significant threats. Such threats are countered by various theories of militant democracy and non-militant democratic self-defence, using a wide range of repressive, educational and social policy tools. The article introduces an alternative perspective on democratic self-defence policies, emphasising integration as a key component in maintaining the resilience of the constitutional community and draws on Rudolf Smend’s integration theory. It explores how constitutional design through its structures, powers, procedures, rituals and symbols shapes community cohesion and strengthens the constitutional order by deliberately using emotions.

International Journal of Law in Context
Charles University (CZ)
Univerzita Karlova v Praze
Peace, Justice and strong institutions
Openalex Percentile: Top 65%
War, Ethics, and Justification
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