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Political Rights Under Stress in 21st Century Europe$
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Wojciech Sadurski

Print publication date: 2006

Print ISBN-13: 9780199296033

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199296033.001.0001

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Freedom of Political Association and the Question of Party Closures

Freedom of Political Association and the Question of Party Closures

Chapter:
(p.120) 4 Freedom of Political Association and the Question of Party Closures
Source:
Political Rights Under Stress in 21st Century Europe
Author(s):

Eva Brems

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199296033.003.0005

The term ‘party closure’ refers to the prohibition or forced dissolution of a political party by a government authority. This issue is examined in the present chapter from the perspective of international human rights law. At the domestic law level, both the regulatory framework and state practice with respect to party closure vary widely. It seems that among democratic states adhering to the same international human rights standards, different interpretations exist about the compatibility of the measure of party closure with such standards, in addition to diverging views on the opportunity of this measure. Before analysing the provisions dealing with the freedom of political association in United Nations and regional texts, the scope of that freedom under those provisions is first considered and acceptable and mandatory restrictions of the freedom are then discussed.

Keywords:   party closure, political party, government, democratic states, human rights, international law, freedom of political association, United Nations

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