Party discipline and fundamental rights of party members

Evolution of constitutional case-law

Authors

  • Alicia González Moro Universidad de Sevilla

DOI:

https://doi.org/10.18042/cepc/redc.124.11

Abstract

Most of the conflicts that take place within political parties are caused by the difficult balance between guaranteeing pluralism and maintaining internal cohesion. This paper sets out the evolution of constitutional case-law on this issue: a doctrine that initially started from a position favourable to the right of self-organization of parties but has moved towards better protection of the fundamental rights of party members. The analysis of the recent STS 412/2020 shows how the application of this doctrine corrects the excesses in the exercise of disciplinary power; however, it is possible to further limit the margin of autonomy of the parties in order to raise the standard of legal protection of party members and achieve more plural and participatory organizations, in line with the constitutional mandate of intraparty democracy.

Published

2022-04-29

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES