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Author: Yigal Mersel Publisher: ISBN: Category : Languages : en Pages :
Book Description
In recent years, various democracies have faced the problem of nondemocratic political parties. In response, some have adopted the practice of the party ban. The main focus in existing jurisprudence has been on the external activities of these parties. In determining whether a political party is nondemocratic, attention has centered on the party`s goals and practices. This judicial practice, manifest in different European constitutional courts as well as the European Court of Human Rights, is problematic. It often ignores an essential element in political parties, namely, their internal structures. This paper argues that political parties must be democratic not only externally, in their goals, but also democratic internally, in their organizational practices. The very interdependence between political parties and democracies should promote the parties` adherence not only to democratic goals and activities but also to democratic internal structures. This paper further argues that such internal democracy must be mandatory, and that, in rare cases, there is valid justification for banning political parties that lack internal democracy.
Author: Yigal Mersel Publisher: ISBN: Category : Languages : en Pages :
Book Description
In recent years, various democracies have faced the problem of nondemocratic political parties. In response, some have adopted the practice of the party ban. The main focus in existing jurisprudence has been on the external activities of these parties. In determining whether a political party is nondemocratic, attention has centered on the party`s goals and practices. This judicial practice, manifest in different European constitutional courts as well as the European Court of Human Rights, is problematic. It often ignores an essential element in political parties, namely, their internal structures. This paper argues that political parties must be democratic not only externally, in their goals, but also democratic internally, in their organizational practices. The very interdependence between political parties and democracies should promote the parties` adherence not only to democratic goals and activities but also to democratic internal structures. This paper further argues that such internal democracy must be mandatory, and that, in rare cases, there is valid justification for banning political parties that lack internal democracy.
Author: Sungjin Kim Publisher: Key Editore ISBN: 8869598268 Category : Law Languages : en Pages : 189
Book Description
The Korean Constitutional Court adopted a two-prong test in its first case on dissolution of political party in determining whether to dissolve the political party. According to Article 8 Section 4 of the Korean Constitution, a political party may be dissolved if the purposes or activities of the political party are contrary to the fundamental democratic order. The Korean Constitutional Court not only used Article 8(4) of the Constitution as a standard of review for dissolution of political party but also adopted the principle of proportionality as another standard of review to be met even though the Constitution does not explicitly say so. The European Court of Human Rights has also used essentially a two-step test where the dissolution of a political party is justified if there is a pressing social need for the dissolution and the dissolution is proportionate to the legitimate aims pursued. In principle, the criteria established by the Korean Constitutional Court is very similar to the ones developed by the European Court of Human Rights even though the outcome of the application seems to be somewhat different.
Author: András Sajó Publisher: Eleven International Publishing ISBN: 9077596046 Category : Civil rights Languages : en Pages : 271
Book Description
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Author: Cedric de Leon Publisher: ISBN: 9781503603554 Category : History Languages : en Pages : 256
Book Description
A timely analysis of the power and limits of political parties--and the lessons of the Civil War and the New Deal in the Age of Trump. American voters have long been familiar with the phenomenon of the presidential frontrunner. In 2008, it was Hillary Clinton. In 1844, it was Martin Van Buren. And in neither election did the prominent Democrat win the party's nomination. Insurgent candidates went on to win the nomination and the presidency, plunging the two-party system into disarray over the years that followed. In this book, Cedric de Leon analyzes two pivotal crises in the American two-party system: the first resulting in the demise of the Whig party and secession of eleven southern states in 1861, and the present crisis splintering the Democratic and Republican parties and leading to the election of Donald Trump. Recasting these stories through the actions of political parties, de Leon draws unsettling parallels in the political maneuvering that ultimately causes once-dominant political parties to lose the people's consent to rule. Crisis! takes us beyond the common explanations of social determinants to illuminate how political parties actively shape national stability and breakdown. The secession crisis and the election of Donald Trump suggest that politicians and voters abandon the political establishment not only because people are suffering, but also because the party system itself is unable to absorb an existential challenge to its power. Just as the U.S. Civil War meant the difference between the survival of a slaveholding republic and the birth of liberal democracy, what political elites and civil society organizations do today can mean the difference between fascism and democracy.
Author: Marshall DeRosa Publisher: Routledge ISBN: 1351290940 Category : Political Science Languages : en Pages : 545
Book Description
This collection of late antebellum U.S. Senate speeches exemplifies the official statements of the public men from the South, North, and West as they struggled with the questions of national identity and the right of self-government within the context of the rule of law.
Author: Simone Weil Publisher: New York Review of Books ISBN: 1590177908 Category : Philosophy Languages : en Pages : 97
Book Description
An NYRB Classics Original Simone Weil—philosopher, activist, mystic—is one of the most uncompromising of modern spiritual masters. In “On the Abolition of All Political Parties” she challenges the foundation of the modern liberal political order, making an argument that has particular resonance today, when the apathy and anger of the people and the self-serving partisanship of the political class present a threat to democracies all over the world. Dissecting the dynamic of power and propaganda caused by party spirit, the increasing disregard for truth in favor of opinion, and the consequent corruption of education, journalism, and art, Weil forcefully makes the case that a true politics can only begin where party spirit ends. This volume also includes an admiring portrait of Weil by the great poet Czeslaw Milosz and an essay about Weil’s friendship with Albert Camus by the translator Simon Leys.
Author: Yigal Mersel
Author: Yigal Mersel
Author: Sungjin Kim
Author: András Sajó
Author: Cedric de Leon
Author: Marshall DeRosa
Author: Philip Christopher Friese
Author: Philip Henry Perkins
Author: Graeme J. Gill
Author: Anne Twomey
Author: Simone Weil