Political Rights Restrictions

Abstract

Abstract This chapter analyses political rights restrictions as the second principal mechanism of militant democracy, focusing in particular on the party ban. These restrictions are crucial for constitutional entrenchment, as antidemocrats can employ many indirect methods to undermine constitutional democracy, which do not require amending the constitution. Such methods include constitutional derogation and capturing the judiciary and government ministries. For that reason, a multifaceted approach is necessary, one that defends democracy against both antidemocratic actors and actions. This chapter demonstrates the compatibility of political rights restrictions with liberal normative theory and investigates their different forms beyond an outright party ban. It illustrates the significance of political rights restrictions in preventing antidemocratic organizations from legally obtaining and abusing state power.