Prohibition of Political Parties: Effective Tool to Square the Circle in the Business of Protecting Democracy?

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.