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  1. Parliamentary Democracy by Default: Applying the European Convention on Human Rights to Presidential Elections and Referendums.Kriszta Kovács - 2020 - Jus Cogens 2 (3):237-258.
    This paper is concerned with the Convention’s “democracy clause,” that is Article 3 of Protocol No. 1, which provides for the right to free elections. Why should it be described as a “democracy clause” and what is its significance for today? The paper first sketches out the drafting history, which reveals that while the framers were keen to preserve their inherited domestic institutions, they also thought it crucial to promote democracy. The Convention invokes but does not define democracy. It is (...)
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  • An Unacknowledged Adversary: Carl Schmitt, Joseph Schumpeter, and the Classical Doctrine of Democracy.JanaLee Cherneski - 2017 - Critical Review: A Journal of Politics and Society 29 (4):447-472.
    ABSTRACTIn Capitalism, Socialism and Democracy, Schumpeter contrasted his definition of democracy against what he called its “Classical Doctrine.” Received scholarly wisdom holds either that the classical doctrine had no real historical embodiments, or that it is a composite of historical arguments pieced together only so that Schumpeter could knock them down. Arguably, however, Schumpeter actually drew the classical doctrine from a very real source: Carl Schmitt.
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