Thesis deals with the issue of dissolution of political parties. States should recognise that everyone has the right to associate freely in political parties. As a particularly far-reaching measure, enforced dissolution of political party may only be justified in the case of party that advocates the use of violence as a political means to overthrow the democratic constitutional order, thereby undermining the rights and freedoms guaranteed by the constitution. The dissolution of a political party is an exceptional measure in a democratic society and should be govern by the principle of proportionality. Apart from Czech legislation and recent judicial cases, this thesis is focused on Slovak and German experience with political party ban. Relevant decisions of European Court of Human Rights are introduced as well. In the first chapter the term "political party" is defined. Essential role of the political parties in parliamentary democracy as well as its extraordinary status among associations is emphasized. This part of thesis discusses situations when state can interfere with freedom of association or freedom of speech. Legally defined reasons for the dissolution of political parties are explained. These legal reasons are defined by criteria abstractly formulated, therefore a statutory interpretation...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:327498 |
| Date | January 2012 |
| Creators | Schneebergerová, Martina |
| Contributors | Antoš, Marek, Jirásková, Věra |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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