Federal Constitutional Court plays key role in protecting democracy

Legal scholar Martin Borowski has highlighted the critical role of the Federal Constitutional Court in maintaining a defensive democracy. During a lecture, Borowski noted that attempts to undermine liberal democratic orders often target constitutional jurisdiction.

Borowski stated that a central mechanism for protecting democracy is the court's ability to ban political parties. Regarding a potential ban of the AfD, he noted that if a party is proven to be shaped by racist or grossly discriminatory attitudes—specifically in relation to concepts like 'remigration'—a ban may be unavoidable. He emphasized that a party's level of popular support is legally irrelevant in such proceedings.

However, Borowski warned that the court's long-term effectiveness depends on sustained public approval, which is a prerequisite for its ability to function within the democratic order.