Sustainable Development Goals

Abstract/Objectives

This study looks into the development of party law in three aspects: the judicialization, constitutionalization and theorization of Political Parties Act,. First, it will focus on the case studies to explain, discuss, and evaluate how judges decide by interpreting and applying the party law. Secondly, this study axis will examine the normative context of the civil law, association law and party law. It also tries to sort out the related issues and viewpoints of the political association and borrow from the perspective of comparative law to make recommendations for the judicial review. Thirdly, it will explore the legal framework of the party law in Taiwan, especially on the principle of equal opportunity for political parties, in order to establish a fair, competitive environment for political parties and ensure that the organization and operation of political parties comply with the principles of democracy.

Results/Contributions

This article first explores the conceptual meaning and historical context of liberal democratic basic order in Germany, and focuses on the decisions of the Federal Constitutional Court. In particular, it analyzes the three classical cases of dissolution of political parties: prohibition of the Socialist Reich Party (SRP-Verbot) in 1952, prohibition of the Communist Party of Germany (KPD-Verbot) in 1956 and prohibition of the National Democratic Party of Germany (NPD-Verbot) in 2017. It then demonstrates common features of legal argumentation and constitutional interpretation facing liberal democratic basic order. This article also presents a comparative analysis between “liberal democratic basic order” of Germany and “free and democratic constitutional order” [自由民主之憲政秩序 (zì yóu mín zhǔ zhī xiàn zhèng zhì xù)] of Taiwan from the perspective of comparative constitutional law. It takes a closer look at the revision of the Constitution in 1992, judicial interpretations and the law of democracy in Taiwan. The author argues, however, a rereading of Karl Doehring’s lecture can realize the new value of “free and democratic constitutional order” in Taiwan.

Keywords

Political Parties Act, Civil Associations Act, political association, normative theory of parties, party law, Parteienrechtswissenschaft

Contact Information

黃仁俊
rj.huang@mx.nthu.edu.tw