The Development of the ‘Fortified Democracy’ Concept

This chapter is dedicated to the phenomenon that the Nazis seized power in 1933 in a way that conformed to the constitution. The most important disputes in the abolition of the rule of law shall be presented, followed by reflections on how a democracy can protect itself against its enemies. Under the keyword ‘fortified democracy’, the Basic Law has provided for various protective mechanisms to defend the free democratic basic order against attacks from within. This also includes the possibility of banning anti-constitutional parties or organisations. However, these options will still have to be proven in the future to see whether they are able to protect the constitution from radicalisation.