Between Legal Deficiencies and Political Restraint
The Prohibition of Political Parties in France
DOI:
https://doi.org/10.24338/mip-2024183-188Schlagworte:
Party ban, Militant democracy, Freedom of the political process, Political discretion, Parteiverbot, Wehrhafte Demokratie, Freiheit des politischen Prozesses, Politisches ErmessenAbstract
Traditionally, it is Germany, not France, which is presented as the model example of militant democracy. Among the various provisions of the German Basic Law, Article 21 (2), setting out the procedure for banning political parties, is perhaps one of the clearest expressions of the basic constitutional decision in favour of a streitbare Demokratie. Nevertheless, setting concepts aside and examining empirical data, it is interesting to note that Germany has banned fewer political parties than France since the end of the Second World War. However, the practice of banning political parties in France may not be the best way to protect democracy. Yet, as the law currently stands, it could certainly be one of the most effective ways of undermining democracy.
