Review: Weak Democracy (Steinbeis)

The new book was published in the summer. “fragile democracy” By Maximilian Steinbeis in Hanser Verlag. In 300 pages, the founder of the constitutional code promises “strategies against the takeover of populism” – especially by the new right.

“Constitutional institutions cannot protect themselves and society is responsible for that.”“Most lawyers will know that the 54-year-old is the founder and editor-in-chief of the constitutional blog founded in 2009. He also works as a journalist – including at FAZ. In 2017, Steinbeis published a non-fiction book, “Speaking to Rights,” in collaboration with Per Leo and Daniel Pascal Zorn. “A Guide.” Steinbeis’s work deals extensively with right-wing populism in Germany and Europe.

In his latest book, he asks: What should we do if our democracy is so at risk? How can citizens maintain its stability? Are there strategies against populism taking power? His biggest fear: “In other countries, you can see where the authoritarian-populist path leads, to a system that can no longer be voted on democratically.”

Reach your goal in five chapters

The book is divided into five chapters:

• abuse of the constitution
• Before the government
• At the government
• Popular identity
• do something

In the first chapter, Steinbeis describes how AfD politicians misuse the Basic Law to serve their ideology. An example can be taken from AfD state parliamentarian and lawyer Stefan Brandner and the campaign “Together for the Basic Law.” Steinbeis also looks at the constitutional situation in Poland and Hungary. Did you know that Viktor Orbán is also a lawyer?

The conclusion Steinbeis reaches in the first chapter is uncomfortable. “There is no indication that Germany can feel safer from the authoritarian-populist strategy than any other democracy in Europe or the rest of the world because of the special quality of its constitution and institutions.”

Overall, the book is not particularly enjoyable to read. In the first chapter, for example, readers also learn what the “boiling frog syndrome” is. This refers to the inability to change or make changes in time. Concerning a frog: if you put it in cold water and slowly increase the temperature of the water, the frog doesn’t notice at all that it is being cooked. It dies. Steinbeis compares this syndrome to the tactics of authoritarian populists. They change the discourse in small steps. Public space and citizens’ freedoms are increasingly being curtailed. If you want to defend yourself against it, it’s often too late. Because freedom of speech, freedom of assembly, freedom of the press, etc. have long been abolished. These are very difficult things.

Thuringian thought experiment

In chapters two and three, things get more legalistic. The chapter “Before the Government” (written before the 2024 Thuringian state election) begins with a thought experiment and assumes that an authoritarian populist party (also known as the AfD) has won the most votes in Thuringia. Based on this assumption (which is now unfortunately true), Steinbeis explains what effects the election will have on the federal state. Using the example of the constituent session of the state parliament, the election of the state parliament president, with regard to the agenda and the scientific service, and with regard to constitutional changes and the election of judges of the Thuringian Constitutional Court.

The book also paints a similarly bleak picture in the chapter “In Government.” This scenario is about what happens if the executive power of the state really falls into the hands of right-wing populists. As is the case with AfD district director Robert Sesselmann. Schools, fire departments, clinics, local transportation, water plants, and much more, will be in the hands of populist authoritarians.

What to do?

While lawyers can still learn a lot about constitutional law and the constitution in the chapters presented, the last chapter of the book is certainly the most interesting. Because it finally comes down to the question “What to do?” Steinbeis urgently urges us to reduce the entry points for authoritarian populist parties. And now – as long as the necessary majority (for example to change the Basic Law) still exists. This includes, in particular, the protection of the Federal Constitutional Court and its judges, but also the position of the federal and state centers of political education and the (state) media.

Preventing people and organizations from abolishing liberal democracy by means of criminal law and security is good and right. There is nothing to be said against the constitutional protection of the state as such. But to prevent it from turning into a tyrannical monster or a toothless tiger, something else is necessary. Civil protection in the constitution: not repression, not prevention, but anticipation. People who prepare”Steinbeis concludes.

The book manages to present complex communications in simple sentences. Thought experiments help readers empathize with the problem. However, the book remains a difficult read for non-lawyers. Anyone who cares about our free democratic system should do so. “fragile democracy” (As the title suggests) I leave you a little depressed. The instructions in the last chapter don't help much either. On the other hand, that is of course exactly the point of a book like this. It is meant to alert and warn. And that is exactly what Steinbeis has achieved here.

The book remains in the top 10 best-selling books on Amazon in the “right-wing extremism” and “fascism” categories.