“Militant” Democracy under the ECHR: Between Pluralism and Democratic Self-Defence

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“Militant” Democracy under the ECHR: Between Pluralism and Democratic Self-Defence

Kriszta KOVÁCS

Kriszta Kovács examines the “paradox of militant democracy” under the European Convention on Human Rights. Relying on Bradshaw v. the UK (2025), the author finds that the ECtHR’s insufficient reliance on protective duties (positive obligations) risks undermining the effectiveness of the protection of liberal democracy.

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Is There a Constitutional Duty of Disloyalty? – Constitutional Fidelity of Civil Servants in the Age of Political Extremism

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Is There a Constitutional Duty of Disloyalty? – Constitutional Fidelity of Civil Servants in the Age of Political Extremism

Cheng-Yi HUANG

Professor Cheng-Yi Huang discusses the concept of constitutional fidelity and asks if there is a duty of disloyalty on the part of public officials when faced with potentially unconstitutional policies from the executive. He looks specifically at the legal conditions and restrictions placed on dual citizens of Taiwan and China who seek to hold public positions in Taiwan. He concludes that constitutional fidelity and the duty of disloyalty are two sides of the same coin since public officials are ultimately charged to uphold the constitutional order itself, not the interests of a political party.

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