Defensive democracy
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Defensive Democracy is a term popularized by Israel Supreme Court chief justice Aharon Barak [1] to explain a situation in which a democratic society has to limit some rights and freedoms in order to protect the institutions of the democracy.
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[edit] Examples
[edit] Israel
After the extreme right wing Kach Party won representation to the Israeli parliament in 1984, Israel's Supreme Court outlawed the party and did not allow it to run again in the 1988 elections on the basis that the party advocates racism.
[edit] Europe
Ten countries in Europe have outlawed Holocaust denials: France (Loi Gayssot), Belgium (Belgian Holocaust denial law), Switzerland (article 261bis of the Penal Code), Germany (§ 130 (3) of the penal code), Austria (article 3h Verbotsgesetz 1947), Romania, Slovakia, the Czech Republic, Lithuania, and Poland (article 55 of the law creating the Institute of National Remembrance 1998).
[edit] Republic Of Korea (South Korea)
Learning from legislation of West Germany, National Assembly of Second Republic inserted Defensive Democracy in their Constitution in 1960. After that, Now in Sixth Republic, it remains in Constitution(§8(4) - esp.defensive democracy to prevent illegal parties) and has some procedures in other laws.
