The Korean Constitutional Court adopted a two-prong test in its first case on dissolution of political party in determining whether to dissolve the political party. According to Article 8 Section 4 of the Korean Constitution, a political party may be dissolved if the purposes or activities of the political party are contrary to the fundamental democratic order. The Korean Constitutional Court not only used Article 8(4) of the Constitution as a standard of review for dissolution of political party but also adopted the principle of proportionality as another standard of review to be met even though the Constitution does not explicitly say so. The European Court of Human Rights has also used essentially a two-step test where the dissolution of a political party is justified if there is a pressing social need for the dissolution and the dissolution is proportionate to the legitimate aims pursued. In principle, the criteria established by the Korean Constitutional Court is very similar to the ones developed by the European Court of Human Rights even though the outcome of the application seems to be somewhat different.

The extension to other Realms of the reserve power to refuse a dissolution

Why did hundreds of Democratic strongholds break for Donald Trump in 2016 and stay loyal to him in 2020? Looking for answers, Muravchik and Shields lived in three such “flipped” communities. There they discovered a political culture that was Trumpy long before the 45th president arrived on the national political scene. In these places, dominated by the white working-class, some of the most beloved and longest-serving Democratic leaders are themselves Trumpian—grandiose, combative, thin-skinned, and nepotistic. Indifferent to ideology, they promise to take care of “their people” by cutting deals—and corners if needed. Stressing loyalty, they often turn to family to fill critical political roles. Trump, resembling these old-style Democratic bosses, strikes a familiar and appealing figure in these communities. Although voters in “flipped” communities have often been portrayed as white supremacists, Muravchik and Shields find that their primary political allegiances are to place—not race. They will spend an extra dollar to patronize local businesses, and they think local jobs should go to their neighbors, not “foreigners” from neighboring counties—who are just as likely to be white and native-born. Unlike the Proud Boys, they take more pride in their local communities than in their skin color. Trump successfully courted these Democrats by promising to revitalize their struggling hometowns. Because these communities largely stuck with Trump in 2020, Biden won the presidency by just the thinnest of margins. Whether they will continue to support a Republican Party without Trump—or swing back to the Democrats—depends in part on which party can satisfy these locally grown political tastes and values. The party that does that will enjoy a stranglehold in national elections for years to come.

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

This book examines the behaviour of political parties in situations where they experience conflict between two or more important objectives.

Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

A timely analysis of the power and limits of political parties--and the lessons of the Civil War and the New Deal in the Age of Trump. American voters have long been familiar with the phenomenon of the presidential frontrunner. In 2008, it was Hillary Clinton. In 1844, it was Martin Van Buren. And in neither election did the prominent Democrat win the party's nomination. Insurgent candidates went on to win the nomination and the presidency, plunging the two-party system into disarray over the years that followed. In this book, Cedric de Leon analyzes two pivotal crises in the American two-party system: the first resulting in the demise of the Whig party and secession of eleven southern states in 1861, and the present crisis splintering the Democratic and Republican parties and leading to the election of Donald Trump. Recasting these stories through the actions of political parties, de Leon draws unsettling parallels in the political maneuvering that ultimately causes once-dominant political parties to lose the people's consent to rule. Crisis! takes us beyond the common explanations of social determinants to illuminate how political parties actively shape national stability and breakdown. The secession crisis and the election of Donald Trump suggest that politicians and voters abandon the political establishment not only because people are suffering, but also because the party system itself is unable to absorb an existential challenge to its power. Just as the U.S. Civil War meant the difference between the survival of a slaveholding republic and the birth of liberal democracy, what political elites and civil society organizations do today can mean the difference between fascism and democracy.

In this provocative and engagingly written book, the authors argue that politicians seldom tailor their policy decisions to "pander" to public opinion. In fact, they say that when not facing election, contemporary presidents and members of Congress routinely ignore the public's preferences and follow their own political philosophies. 37 graphs.

Against the backdrop of one of the great transformations of our century, the sudden and unexpected fall of communism as a ruling system, Charles Maier recounts the history and demise of East Germany. Dissolution is his poignant, analytically provocative account of the decline and fall of the late German Democratic Republic. This book explains the powerful causes for the disintegration of German communism as it constructs the complex history of the GDR. Maier looks at the turning points in East Germany's forty-year history and at the mix of coercion and consent by which the regime functioned. He analyzes the GDR as it evolved from the purges of the 1950s to the peace movements and emerging youth culture of the 1980s, and then turns his attention to charges of Stasi collaboration that surfaced after 1989. In the context of describing the larger collapse of communism, Maier analyzes German elements that had counterparts throughout the Soviet bloc, including its systemic and eventually terminal economic crisis, corruption and privilege in the SED, the influence of the Stasi and the plight of intellectuals and writers, and the slow loss of confidence on the part of the ruling elite. He then discusses the mass protests and proliferation of dissident groups in 1989, the collapse of the ruling party, and the troubled aftermath of unification. Dissolution is the first book that spans the communist collapse and the ensuing process of unification, and that draws on newly available archival documents from the last phases of the GDR, including Stasi reports, transcripts of Politburo and Central Committee debates, and papers from the Economic Planning Commission, the Council of Ministers, and the office files of key party officials. This book is further bolstered by Maier's extensive knowledge of European history and the Cold War, his personal observations and conversations with East Germans during the country's dramatic transition, and memoirs and other eyewitness accounts published during the four-decade history of the GDR.

An NYRB Classics Original Simone Weil—philosopher, activist, mystic—is one of the most uncompromising of modern spiritual masters. In “On the Abolition of All Political Parties” she challenges the foundation of the modern liberal political order, making an argument that has particular resonance today, when the apathy and anger of the people and the self-serving partisanship of the political class present a threat to democracies all over the world. Dissecting the dynamic of power and propaganda caused by party spirit, the increasing disregard for truth in favor of opinion, and the consequent corruption of education, journalism, and art, Weil forcefully makes the case that a true politics can only begin where party spirit ends. This volume also includes an admiring portrait of Weil by the great poet Czeslaw Milosz and an essay about Weil’s friendship with Albert Camus by the translator Simon Leys.