Representative parliamentary democracy, its institutions and procedures are facing increasing pressure. In addition to external challenges posed by authoritarian regimes, Germany’s free democratic basic order is also being challenged from within by extremist and populist movements. Against this backdrop, the study by Prof. Dr. Hans Hofmann uses the Alternative for Germany (AfD) as a case study to examine how extremist understandings of democracy relate to the liberal, rule-of-law-based concept of democracy enshrined in Germany’s Basic Law. At its core is the question of where legitimate political demands and criticism of the political system end and anti-constitutional efforts begin.
The analysis takes as its starting point the fundamental elements of Germany’s free democratic basic order. These include democratic elections, the binding of state authority to law and justice, parliamentary opposition, judicial independence, the rejection of arbitrary rule and the unlawful use of force, as well as the fundamental and human rights enshrined in the Basic Law.
Looking at key areas of politics and constitutional law, the publication highlights differences between this understanding of democracy and positions advocated by the AfD. It examines the relationship between majority rule and the constraints imposed by the rule of law, concepts of citizenship and human dignity, freedom of religion and the principle of equality, attitudes towards the separation of powers, institutions and the media, European integration, and the freedom of political parties. In doing so, the study explicitly distinguishes between politically legitimate calls for reform and positions that relativise, reinterpret or challenge fundamental principles of the free democratic basic order.
Particular attention is paid to the guarantee of human dignity and the principle of equality. Among other issues, the study considers an ethnic-cultural understanding of “the people” and contrasts it with the concept of citizenship underlying the Basic Law. It also analyses AfD demands concerning the exercise of religious freedom and the party’s approach to independent courts, state institutions and the media.
The analysis also considers the February 2026 decision of the Cologne Administrative Court. The publication expressly does not assess whether the legal requirements for banning the AfD as a political party are met.
Read the entire Monitor: ‘Das Demokratieverständnis der Extremisten’ here. Please note, to date this paper is only available in German.
