İnsan Hakları Avrupa Sözleşmesi bağlamında siyasi partiler rejimi
Özet
The exercise of the right to freedom of association through activites and workings of political parties is one of very basic foundations of democracy. Indeed, political parties accords individuals to form a legal entity to protect their own common interests and to achieve their common objectives. This entity also provides them with participating political life. In view of its paramount importance, Article 11 of the European Convention on Human Rights is interpreted to cover political parties by the European Court of Human Rights.It is significant that the exercise of the right to association in political parties generally coincides with the exercise of the right to assembly, free election and free expression. The unique combination of these interrelated rights requires that any interference with political parties should be used in utmost seriousness, as confirmed by the practice of the European Court. It follows that any sanction against political parties should be consistent with the principles of legality, proportionality and democratic necessity. In the light of the very restricted margin of discretion given to them, Contracting States are under an obligation to advance clear evidence for any limitation on the rights of political parties. This limitation should also constitute a proportionate response to a pressing social need.Undoubtedly, the political parties are not free from legal control. Nonetheless, under the case-law of the Court, any Contracting State can not exceed the limits of what may be deemed necessary in a democratic society. In this context, the Court?s evaluation has been centred on finding genuine aims of political parties. The presence of any activity undermining democracy such as inflammatory speech can justify the interference complained of according to the Convention jurisprudence. It should be pointed out in this connection that this dissertation focuses on the tricky question of how far the protection of `militant democracy? can take precedence over the right of political parties to associate freely, especially within the context of Article 11.This work will also conclude that the European Court must renew its restricted and unsufficient definition of democracy and basic democratic values. In so doing, undoubtedly consideration of the jurisprudence of Article 11 will lie at the heart of this thesis.