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.

This thesis explores the work of two German Jewish émigré scholars, Karl Loewenstein and John H. Herz, and how they confronted the conflict between fascism and democracy throughout the 1930s and during World War II. Loewenstein, in academic publications and later through a campaign of public advocacy, urged the adoption of his theory of militant democracy for the protection of democratic institutions. Originally conceived as temporary legislation to deprive fascists of the fundamental rights they abused in order to seize power, this theory evolved into the understanding by Loewenstein that fascist and democratic states could not coexist, and that fundamental changes must be implemented within the legislative and executive branches of democratic governments to create a more responsive, flexible system. Defined by his pessimistic worldview, Loewenstein was acutely anxious about fascism, especially after the start of World War II. In contrast to Loewenstein, and despite his own pessimism, Herz conceived of an international system that combined both realism and idealism in order to obviate man’s violent and suspicious anthropology and create a peaceful international order in which nations, regardless of their particular political ideology, could coexist.

The thesis deals with right-wing extremism in the context of democracy. In the first part, democracy, its development and basic values are characterised. The following part describes extremism and its rudimentary typology, historical roots of right-wing extremism and its strategy. The final part focuses on the fight of democracy against extremism. In this part, possible anti-extremist measures are proposed, including critical reflections on the principles of right-wing extremism. Furthermore, a concept of so-called militant democracy is introduced, along with the analysis of its application in the Czech Republic and its critical reflection.