LIMITING/DISSOLVING POLITICAL PARTIES DUE TO TERRORISM: NATIONAL RESPONSES OF THE UK, SPAIN, AND TURKEY UNDER THE REVIEW OF THE ECtHR

Abstract

Political parties are the main players in a democratic system with a multi-party system. The fundamental principles of democracy consist of free election, the right of criticism, and the right to organise political opposition. However, democracy provides available ground for party politics to abuse or misuse democratic institutions and procedures to harm or overturn democracy. In some cases, political parties aim to replace a democratic regime with their non-democratic ideology. For instance, a political party advocates violence or aims to overthrow the existing constitutional order through armed struggle, terrorism, or subversive activity. So, political parties might also play a role in causes of terrorism. From past to present, many examples can be founded that political parties have involved in or created terrorist organisations, based on different types of relationships. National authorities have adopted measures against such relationships through restricting or dissolving political parties. The United Kingdom, Spain and Turkey are some of these countries that have developed different approaches to interfere with the linkage between political parties and terrorist organisations (the Irish Republican Army (IRA), Basque Homeland and Freedom (ETA) and Kurdistan Workers' Party (PKK)), within the democratic system. This study analyses the legal framework established by these countries and the European Court of Human Rights against such linkages.