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- Title
Regulating Parties by Constitutional Rules in Liberal Democracies.
- Authors
Santos Botelho, Catarina; Garoupa, Nuno
- Abstract
When establishing constitutional rules that regulate political parties, liberal democracies struggle between civil liberties—thus tolerating anti-democratic parties—and potential threats of democratic breakdown, which can be reduced by prosecuting and prohibiting anti-democratic parties. We suggest that liberal democracies must balance false positives and false negatives by combining ex ante and ex post regulatory mechanisms. By making use of a unique dataset of thirty-seven liberal democracies collected by the authors, we find empirical results consistent with our positive theory. An extensive review of the normative debate and case law provides additional qualitative support.
- Subjects
POLITICAL parties; DEMOCRACY; CIVIL rights; JUDGE-made law; LEGAL reasoning
- Publication
German Law Journal, 2023, Vol 24, Issue 9, p1648
- ISSN
2071-8322
- Publication type
Article
- DOI
10.1017/glj.2023.117