The dissolution of political parties: The problem of internal democracy
* Researcher, Hauser Global Program, and Emile Noel Fellow at the Jean Monnet Center, New York University. I wish to thank the NYU School of Law and Professor Joseph Weiler, as well as the Fulbright Foundation, for their support of this research project. Email: ym445{at}nyu.edu
In recent years, various democracies have faced the problem of nondemocratic political parties. In response, some have adopted the practice of the party ban. The main focus in existing jurisprudence has been on the external activities of these parties. In determining whether a political party is nondemocratic, attention has centered on the party's goals and practices. This judicial practice, manifest in different European constitutional courts as well as the European Court of Human Rights, is problematic. It often ignores an essential element in political parties, namely, their internal structures. This paper argues that political parties must be democratic not only externally, in their goals, but also democratic internally, in their organizational practices. The very interdependence between political parties and democracies should promote the parties' adherence not only to democratic goals and activities but also to democratic internal structures. This paper further argues that such internal democracy must be mandatory, and that, in rare cases, there is valid justification for banning political parties that lack internal democracy.