DISSOLUTION OF POLITICAL PARTIES AND THE PRINCIPLE OF NECESSITY IN A DEMOCRATIC SOCIETY: A STUDY WITHIN THE SCOPE OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

ABSTRACT In the European Court of Human Rights' case law, the freedom of political association can be restricted only if an interference in question is prescribed by law, made for the interest of legitimate aim and necessary in a democratic society. The last and the most important part of the Court's examination is the determination of whether this interference is necessary in a democratic society or not. The meaning of "democratic society" within the context of the restriction of political parties is that the political party can express different ideas even if there is a conflict between the constitution or the programme of a political party and the political system of a country; political parties whose leaders and members incite to violence clearly or implicitly can be dissolved, and lastly, political parties which put forward a policy that fails to respect democracy or which is aimed at the destruction of democracy and the flouting of the rights and freedoms recognised in a democracy cannot lay claim to the Convention's protection. Also, the interference must meet a pressing social need and must be proportionate. By the examination of the necessity of the interference in a democratic society, the Court also aims to achieve a balance between the domestic and European powers, and the conflicting interests of individuals and the interests implied in the responsibilities of the governments in democracy