« Taiwan Journal of Political Science No.75Publish: 2018/03

Revisiting the Freedom of Association and Freedom of Speech of Political Parties

Author: Wen-hsiang Kung

Abstract / Chinese PDF Download

Justice is a contested concept; therefore, we should be cautious when trying to define the true meaning of it. This is especially true when the ruling party, or the leader of the government, aims to utilize (or manipulate) the idea of justice, even trying to include it in the meaning of democracy and rule of law, which is based on his/her own understanding turning it into practical law via the the legislative under his/her control. This would be a threat to our modern democratic society. Nowadays, so-called “transitional justice,” “substantive constitutional state,” and “defensive democracy,” which are supposed to be complicated ideas, seem to have become only fashion slogans. Moreover, the one with the authority to have the final say will be in charge of defining these ideas and their meanings. Therefore, we should have a clear understanding of the meaning of “Pluralist Democracy” in order to also have a better understanding of the rule of law and to avoid constraints on the freedom of association and speech for political parties, except in cases where a clear idea of defensive democracy has been adopted when constructing a fundamental legal structure. The more we understand the rule of law, the better it will be for our democracy. Since the ruling party could easily manipulate the idea of “transitional justice”, and the so-called principle of a “substantive constitutional state”, the protections for the rights of association and speech for political parties could be put at risk in our modern democratic society. In sum, instead of emphasizing the fashion slogans and the principles that have uncertain meanings, we need to fulfill the fundamental values of the freedom of association and speech for political parties, based on the rule of law, not the rule of men.

Keywords:justice、Pluralist Democracy、Political Parties、the Freedom of Association、the Freedom of Speech