Party Law Portal
Sul tema della regolamentazione dei partiti siamo in contatto anche con il PARTY LAW PORTAL, all’interno dell’Università di Leiden (Paesi Bassi), guidato dalla Professoressa Ingrid van Biezen.
The constitutional regulation of political parties in post-war Europe
This project focuses on an increasingly important but often neglected aspect of party law: the constitutional codification of political parties. The formal constitutional recognition of political parties is a relatively new phenomenon in modern Europe. Historically, the constitutions of the liberal European democracies have typically refrained from making reference to the existence of political parties and from describing their role in the political system. The constitutionalization of parties in Europe effectively began in the immediate post-war period, with the restoration of democracy in Italy (1947) and the Federal Republic of Germany (1949). These were the first European democracies explicitly to recognize the positive contribution of political parties to democracy in their constitutions. This practice has since been followed in constitutional revisions in many other polities, to the point that most democratic constitutions in Europe today acknowledge the relevance of political parties. This makes the constitution an important source of party law, as well as an important source for investigations into the character of modern democracy and the prevailing ideas about the place of political parties within the organizational infrastructure of the state and their role in relation to its citizens. This research analyzes the empirical dimensions of the process of party constitutionalization as well as the underlying normative conceptions of political parties and democracy. The Constitutional Regulation of Political Parties in Post-War Europe is a two-year research project (2007-09) funded by the Economic and Social Research Council (ESRC).