Analyzing The Risk Thresholds For Banning Political Parties After NPD II

Abstract The recent global growth of anti-democratic sentiment has renewed the question when a political party should be barred from electoral arena. In modern democracies, even explicitly militant ones, constitutional mechanisms for banning parties are rarely used. decision by German Federal Constitutional Court (BVerfG) not to ban National Democratic Party, despite its neo-Nazi platform, is an example this restraint, with BVerfG introducing new, stricter criterion called “potentiality” dissolution under Basic Law. This article draws on neo-institutionalism and comparative law explore democratic ramifications three different European thresholds party: presumptive test previously used BVerfG, new potentiality introduced Human Rights’ requirement in imminent threat before it can dissolved.