ABSTRACT

The decision to ban a political party is ultimately a decision about who is entitled to contest political power and it involves an explicit and often controversial mobilization of the coercive power of the state. As such, the proscription of political parties is typically the subject of detailed regulation in constitutional and legislative instruments and often subject to judicial interpretation. This chapter discusses the legal rules for party bans in Spain, the United Kingdom and Germany and their application in ban and legalization decisions regarding the radical Basque nationalist party Herri Batasuna and its successors, the Irish nationalist parties Sinn Fein and Republican Clubs and the far-right parties Socialist Reich Party and National Democratic Party of Germany.