Democratic self-defence by constitutional integration

International Journal of Law in Context

JUDr. Jakub Dienstbier, Ph.D.

08. 01. 2026

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.

Keywords: constitutional integration; constitutional theory; militant democracy; democratic self-defence; Rudolf Smend.

Democratic self-defence by constitutional integration, International Journal of Law in Context (2026), pp. 1–19.

This work has been supported by Charles University Research Centre programme No. UNCE24/SSH/39.