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The Legal History and Significant Case Law of Resolution Essay Example

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The Legal History and Significant Case Law of Resolution

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The Legal History and Significant Case Law of Resolution. Refah Partisi (Welfare Party) was an Islamic fundamentalist party that advocated the introduction of sharia law. The governing party deemed that platform to violate the Turkish constitution enshrining a secular state, and used that as a pretext to ban the party. Turkey has been frequently before the ECHR for its wide-ranging application of bans on political parties. However, it is hardly alone in its clashes with the ECHR's over political parties. The ECHR has long been a defender of political parties. In 2006 it described 15 years of state harassment. According to the ECHR, “In their decisions of July and November 1990 and March 1991 the [Bulgarian] courts found that Ilinden’s aims were directed against the unity of the nation, that it advocated national and ethnic hatred and that it was dangerous for the territorial integrity of Bulgaria”

and that a campaign against the party had been ongoing since then. Eventually, the Bulgarian courts approved a ban on the political activities of Ilinden. The ECHR immediately invoked Article 11 and the fundamental and essential contribution that a diversity of political parties makes to democratic life. “The Court has often referred to the essential role played by political parties in ensuring pluralism and democracy, associations formed for other purposes, including those protecting cultural or spiritual heritage, pursuing various socio-economic aims, proclaiming or teaching religion, seeking an ethnic identity or asserting a minority consciousness, are also important to the proper functioning of democracy.” Moreover, the ECHR asserted categorically that to advocate autonomy is not to advocate violence: However, the mere fact that a group of persons calls for autonomy or even requests secession of part of a country’s territory – thus demanding fundamental constitutional and territorial changes – cannot automatically justify interferences with their rights under Article 11. Expressing separatist views and demanding territorial changes in speeches, demonstrations, or program documents does not amount per se to a threat to a country’s territorial integrity and national security. The Legal History and Significant Case Law of Resolution.

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References

Council of Europe, Parliamentary Assembly. “Resolution 1308 (2002) Restrictions on political parties in the Council of Europe member states”. Text adopted by the Standing Committee, acting on behalf of the Assembly, on 18 November 2002 (see Doc. 9526, report of the Political Affairs Committee,rapporteur: Mr Dreyfus–Schmidt). http://assembly.coe.int/Main.asp?link=/Documents/AdoptedText/ta02/ERES1308.htm#_ftn1.

Council of Europe. (4 November 1950). “The European Convention on Human Rights and its Five Protocols”. http://www.hri.org/docs/ECHR50.html.

European Commission for Democracy through Law, (Venice Commission). (25 October 2010). “Guidelines on Political Party Regulation by the Office for Democratic Institutions and Human Rights (OSCE/ODHIR) and Venice Commission”. http://www.venice.coe.int/docs/2010/CDL-AD%282010%29024-e.pdf.

European Commission for Democracy through Law (Venice Commission). (13-14 March 2009). “Opinion on the Constitutional and Legal Provisions Relevant to the Prohibition of Political Parties in Turkey”. http://www.venice.coe.int/docs/2009/CDL-AD%282009%29006-e.asp.

European Court of Human Rights, (ECHR), (13 February 2003). “Case of Refah Partisi (The Welfare Party) and others v. Turkey. http://cmiskp.echr.coe.int/tkp197/view.asp?item=5&portal=hbkm&action=html&highlight=political%20|%20party%20%20ban&sessionid=63771186&skin=hudoc-en.

European Court of Human Rights, (ECHR), (19 January 2006). “Case of the United Macedonian Organisation Ilinden and others v. Bulgaria”. http://cmiskp.echr.coe.int/tkp197/view.asp?item=3&portal=hbkm&action=html&highlight=pirin%20|%20bulgaria&sessionid=63789770&skin=hudoc-en.

European Court of Human Rights. (ECHR). (14 December 2010). “HADEP and Demir v. Turkey, Judgment”. http://cmiskp.echr.coe.int/tkp197/view.asp?item=1&portal=hbkm&action=html&highlight=HADEP&sessionid=63771186&skin=hudoc-en.

Molenaar, Fransje (March 2010). ‘The Development of European Standards on Political Parties and their Regulation’, working paper series on the legal regulation of political parties, no. 04 - 09. http://www.partylaw.leidenuniv.nl/pdfs/wp0410.pdf.

“Venice Commission Meets Turkish Deputies”. (27 November 2010). Turkish Weekly. http://www.turkishweekly.net/news/109703/venice-commission-meets-turkish-deputies.html.

Yavuz, Ercan (7 December 2010). “Bill to rid parties laws of coup spirit”, Todays Zaman. http://www.todayszaman.com/news-228905-bill-to-rid-parties-law-of-coup-spirit.html.

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preview essay on The Legal History and Significant Case Law of Resolution
  • Pages: 12 (3000 words)
  • Document Type: Essay
  • Subject: Politics
  • Level: Undergraduate
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