Between Legal Deficiencies and Political Restraint - The Prohibition of Political Parties in France

Abstract

Traditionally, it is Germany, not France, which is presented as the model example of militant democracy. Among the various provisions of the German Basic Law, Article 21 (2), setting out the procedure for banning political parties, is perhaps one of the clearest expressions of the basic constitutional decision in favour of a streitbare Demokratie. Nevertheless, setting concepts aside and examining empirical data, it is interesting to note that Germany has banned fewer political parties than France since the end of the Second World War.

Keywords

• Comparative Constitutionalism
• Conseil Constitutionnel
• Conseil d'Etat
• Militant Democracy
• Parteiverbot
• Parteiverbot