Publication
Title
Anti-democratic associations: content and consequences in article 11 adjudication
Author
Abstract
This article wishes to address the position of anti-democratic political parties under Article 11 of the European Convention on Human Rights. More precisely, it offers an analysis of Refah Partisi (The Welfare Party) and others vs Turkey, a case in which the European Court of Human Right developed a full-scale test for assessing far-reaching interference with the right to freedom of association of political parties. It seeks to set the Refah ruling in the context of the Convention organs freedom of expression case-law. The central claim is that the Refah Court adopted a standard which is both content and consequences-based. As a result, the Courts Article 11 adjudication bears resemblance to the United States Supreme Courts First Amendment jurisprudence. The article concludes that such a partially American approach is justified with regard to the Convention rights of anti-democratic parties.
Language
English
Source (journal)
Netherlands quarterly of human rights / Netherlands Institute of Human Rights [Utrecht] - Utrecht, 1989, currens
Publication
Utrecht : 2004
ISSN
0924-0519 [print]
2214-7357 [online]
Volume/pages
22:4(2004), p. 585-601
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
VABB-SHW
Record
Identification
Creation 03.11.2008
Last edited 21.10.2014
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