DOI: 10.5176/2251-2853_2.1.54
Authors: Svetlana Tyulkina
Abstract:
Procedure to outlaw political parties is known to many modern states; however its effectiveness in the business of protecting democracy from potential enemies is a highly debated matter. The present paper looks at two jurisdictions – Turkey and Spain - to investigate if dissolution of political parties remains to be an effective tool to protect democracy. The paper starts with the brief overview of the European standards and practices in relation to provision of political parties as both jurisdictions are member states of the Council of Europe and therefore are bound by the same standards of protection accorded to political parties and also by decisions of the European Court of Human Rights. The introductory is followed by two chapters to outline the legislative regime and practice of banning political parties in selected jurisdictions. Towards the end the paper aims to draw some conclusions and to sum up lessons we can learn from these case-studies to answer the question whether dissolution of political parties is an effective legal measure to guard democracy and protect it from its potential enemies.
Keywords: dissolution of political parties, regulation of political parties activities, self-protective democracies, democracy.
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