Eva Brems
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199296033
- eISBN:
- 9780191700736
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199296033.003.0005
- Subject:
- Law, Human Rights and Immigration
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 ...
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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.Less
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.