Prohibition of Operation and Activities of Political Parties - Comparative Review of the Jurisdiction of Constitutional Courts in the Region

Prohibition of Operation and Activities of Political Parties - Comparative Review of the Jurisdiction of Constitutional Courts in the Region

Jašarbegović, Amra
Kotlo, Rebeka

In the contemporary constitutional and democratic state, political parties represent one of the most important organizations of modern political action. Their constitutionalization, or introducing into the constitution the provisions which govern the principal position of the political parties and which recognize their (democratic) role in the constitutional system, influenced the appearance of different mechanisms of control and prohibition of their operation and activities. This paper analyzes the position and role of contemporary constitutional courts in controlling the operation and activities of political parties. The analysis of the practice of constitutional courts which exercise these powers, as well as of the practice of the European Court of Human Rights and of the opinions of the Venice Commission expressed by “Guidelines on Prohibition and Dissolution of Political Parties and Analogous Measures” is essential if we wish to critically evaluate the place and role of modern constitutional courts in the control of operation and activities of political parties.

Article
PeerReviewed

ISSN 2303-5706

International Burch University

2015-12-28

3006