Summary
While some regulation to foster transparency and democratic practices by political parties may be acceptable, parties should generally be free to determine their internal policies.
Obligations
Election Parts
Quotes
- Democracy presupposes the existence of political parties that have equal rights and are free to organize and to express themselves, provided their programs and actions do not call into question the fundamental values of democracy and human rights. Thus, democracy goes hand-in-hand with a multiparty system. The opposition must be guaranteed a clearly defined status free of any ostracism.
- Democracy presupposes the existence of political parties that have equal rights and are free to organize and to express themselves, provided their programs and actions do not call into question the fundamental values of democracy and human rights. Thus, democracy goes hand-in-hand with a multiparty system. The opposition must be guaranteed a clearly defined status free of any ostracism.
- Political parties must be protected as an integral expression of the right of individuals and groups to freely form associations. But, given the unique and vital role of political parties in the electoral process and democratic governance, it is commonly accepted for states to regulate their functioning insofar as is necessary to ensure effective, representative and fair democratic governance.
- So, on the one hand, some kind of state regulation of the inner workings of political parties may be acceptable; on the other hand, state interference may suffice with formulating some “requirements for parties to be transparent in their decision-making and to seek input from their membership when determining party constitutions and candidates”.
- Legal regulation of internal party functions, where applied, must be narrowly construed so as to respect the principle of party autonomy and not to unduly interfere with the right of parties as free associations to manage their own internal affairs.
- So, on the one hand, some kind of state regulation of the inner workings of political parties may be acceptable. But, on the other hand, it is in principle acceptable that state interference is limited to “requirements for parties to be transparent in their decision-making and to seek input from their membership when determining party constitutions and candidates”.