Democracy - the Trojan horse or Achilles heel? : The Legal Challenges of the Far-Right in European Constitutional Democracies

University essay from Umeå universitet/Juridiska institutionen

Abstract: This thesis explores the influence of far-right parties on constitutional democracies in Europe, focusing on their adherence to human rights standards and state obligations within the European legal framework. Against the backdrop of rising electoral support for far-right parties across Europe, this thesis aims to examine the common features of far-right party programs and assess the potential consequences of their actions on human rights and democratic values. The concept of militant democracy serves as a theoretical framework, examining the tension between democratic self-preservation and the exercise of individual human rights. Using the doctrinal method, the thesis presents a systematic analysis of existing legal materials, with anemphasis on the European legislative framework developed after World War II and its impact on European constitutional democracies. By grounding the study in the theoretical framework, it seeks to identify safeguards for the efficient functioning of democracy within contemporary legal settings. 

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