The prohibition of the parties-theory and discourse

Banning Political Parties - Theory and Discourse The political regime change of the Velvet revolution in 1989 brought to light many questions, that the Czech politics and law had not to answer until then. Arguments about the legitimacy of the post-revoutionary Czech communist party marked the early years of the free competition of political parties. There being no precedent in the decision-making of Czech courts, the Supreme Administrative Court had to decide many substantial questions when dealing with the case of Dělnická strana (The Workers' Party) in 2010. Some of those were elaborated by the European Court of Human Rights, other were more of a political and philosophical nature. The history and experience of pre-war Czechoslovakia and dissolution of German national-socialist parties in 1933 also influenced the debate. The Supreme Administrative Court of the Czech Republic changed in the decison of Dělnická strana the nature of Czech political discourse and brought it out of the post-communist context to the contemporary European level. Using the concept of self-defending or military democracy, that is also used by the ECHR, it created a shared framework of both Czech and European debate on the limits of political rights and freedoms of association. The concept will be contested in the future, but its..