Protest Regulation in the Rule of Law and the Development of Democratic Public Spheres

The project analyzes the effects of legal protest regulation on the development of public activist-civil societies. Political protest is considered an essential element of democratic coexistence. At the same time, however, mechanisms can be identified within democratic constitutional states that prevent or even criminalize political-activist modes of articulation and democratic forms of protest, thus endangering democratic debate and undermining social cohesion. The project explores the question of whether and to what extent (fundamental) legal restrictions in connection with efforts to establish internal security, such as far-reaching restrictions on freedom of assembly, endanger or strengthen the democratic development of the public sphere as well as social cohesion, and whether the prevailing, classical-liberal understanding of the rule of law comes under pressure in this way. The project works with qualitative interviews and participant observation as well as (comparative) content analysis of court rulings and media data.

Researchers: Anna-Bettina Kaiser, Tim Wihl