Three Layers of Resilience in German Constitutional Law

With the rise of populism, polarization, and democratic backsliding, constitutional resilience has turned into a central concern in democratic systems. The contribution uses the German example to describe different ways, or “constitutional layers”, through which constitutions can put up roadblocks against backsliding: (1) instruments of militant democracy, (2) curtailing the power of the executive in emergencies, and (3) protecting apex courts. In a last step, it cautions against relying solely on legal mechanisms and highlights some non-legal ways of protecting democracy.