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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Right to Form Political Parties

Matteo Cosulich, Giorgio Grasso

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2024

Subject(s):
Duty to join a political party — Equality regardless of party membership — Right to form political parties — Status of political parties — Civil and political rights

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 For the purposes of this article, the concept of the ‘right to form political parties’ has two different core meanings. 2 First, according to a literal interpretation, this concept concerns the problem of the entitlement to the right, recognized as particular to the citizens of a State, to freely create political parties, considered as associations of citizens (freedom of association). Beyond the constitutional regulation, this right is sometimes regulated by private law and by the legislation for general associations, and in some cases regulated by a specific...
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