Militant democracy and Constitution: alteration of the electoral system or defense of democracy?

Abstract

Political parties are institutions that play an essential role in liberal democracy, being the fundamental instrument through which the right of passive suffrage is developed in the electoral system. Our democracies and their electoral systems have been materially articulated on the basis of the existence of political parties and their competition in elections. And although it is true that groups of electors can also present candidatures (vid. Art. 44.1 c) LOREG), the role of the former is absolutely prevalent.

Political parties, however, can also represent a threat to democracy and the electoral system through which representation is articulated by their conduct and aims. This is the great paradox of political parties, being the essential instrument through which popular representation is conveyed and, at the same time, one of the greatest dangers to the democratic system itself.

In the current era, dominated by polarisation and extremism of populist and nationalist movements, the banning of political parties is sometimes invoked solely on the basis of the ideology they represent and defend. In this context, the debate arises as to whether militant democracy and, consequently, the adoption of measures that might be seen as illiberal is the way forward for democracy. The paradox of protecting democracy by limiting representation.

In this paper we will study what militant democracy is and how the exclusion of political parties is justified in this system...