Red lines           

What does „defensive democracy“ mean?

Almost everywhere in the West, we have enjoyed decades of democratic stability and, following 1989, witnessed a development that gave reason to believe in the triumph of liberal democracy. Today, however, we are seeing a resurgence of right-wing and authoritarian parties and facing the challenge posed by new authoritarian movements. Suddenly, the concept of a „resilient democracy“ is no longer merely the subject of Sunday speeches.

Susanne Baer, a distinguished lawyer and former judge at the German Federal Constitutional Court, explains what the „red lines“ are that the Constitutional Court must defend – and how it can do so.

What happens when the Federal Constitutional Court hands down a ruling? Who sits on the bench – and how are decisions reached? In *Rote Linien*, Susanne Baer also opens the doors to one of democracy’s most important institutions. In a personal, insightful and accessible way, she describes how the law is made, how conflicts are resolved – and where the red lines lie.

Looking beyond current conflicts and issues, Baer also demonstrates how consensus is reached in a pluralistic society and how the rule of law and democracy reinforce one another – and how new issues, such as the right to climate protection measures, are coming to the attention of the constitutional courts. The legal scholar thus also describes how the Federal Constitutional Court functions as a dynamic sanctuary for freedom, equality and human dignity, thereby facilitating democratic negotiation.

Susanne Baer is a German legal scholar. From 2011 to 2023, she served as a judge at the Federal Constitutional Court. She is a member of the editorial board of the Streit – a feminist legal journal and a member of the Senate of the German National Foundation. She has been President of the German Association of Women Lawyers since 2025.

Moderation
Robert Misik, Author and journalist

Susanne Baer:
Red lines.
How the Federal Constitutional Court protects democracy
Herder Verlag 2025, €22.00