Political Party Regulations in Constitutional Democracy: A Comparative Study Between International Standards and the ROC’s Recent Regulations
Author: Chwen-wen Chen
Abstract / Chinese PDF Download
Many democratic constitutions rarely pay attention to the role of political parties, despite the fact that they are crucially situated between society and government. Positively understood, key actors in any democracy are founded on the principle of representation. The tendency for political party statutes to be compiled, by constitutions or laws, gradually increased since the Second World War.
However, a specific law for political parties is not a requirement for functioning democracies. In fact, a report compiled by the Council of Europe’s Venice Commission on different regulatory practices of OSCE states in the realm of political parties determined that such legislation is not necessary for the proper functioning of democracy, and may be most effective when its scope is quite minimal. Parliamentary laws regulating political parties are not tools in the hands of the ruling party in order to oppress opposition parties, and therefore should be developed in conformity with both international standards and relevant jurisprudence.
Based on the international standards of legal regulation of political parties, this paper argues that the role and function of political parties in a democratic system should ideally be defined in the highest legal order of the state to ensure the stability and relative permanence of these provisions. Additionally, legal regulations that affect political parties should protect free association and the internal functions of political parties should generally be free from state interference. In comparison with these international guidelines, the ROC’s recent political party regulations should be reviewed and amended in many aspects.