The case-law composition of the duty of loyalty as a limit for freedom of speech withinpolitical parties

Abstract

Freedom of speech is a core element of democratic system, particularly within
political debate, where restrictions are hardly admitted. At least when it is exercised
by ordinary citizens, because Spanish constitutional case law imposes on members of political parties a particular limitation based on the duty of loyalty to the organization, which legitimizes the imposition of disciplinary sanctions for those who publicly criticize the decisions of its governing boards. This solution involves a reinforcement of the position of partisan elites against individuals, particularly if
these are members of a dissenting minority. Consequently, the need of an alternative interpretation of that duty arises, taking into account the requirements of the principle of internal democracy and allowing individual freedom of expression to fulfi its role at the service of public opinion as well as it works as a counterweight within political parties.