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Refah Partisi, Erbakan, Kazan and Tekdal v. Turkey

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When campaigning for changes in legislation or to the legal or constitutional structures of the State, political parties enjoyed the protection of the provisions of the Convention and of Article 11 in particular provided they complied with two conditions: (1) the means used to those ends had to be lawful and democratic from all standpoints and (2) the proposed changes had to be compatible with fundamental democratic principles.

Islamic law (the Sharia), was a system of law that was in marked contrast to the values embodied in the Convention.

Even if States' margin of appreciation was narrow in the area of the dissolution of political parties, since pluralism of ideas and parties was an inherent element of democracy, the State concerned could reasonably prevent the implementation of a political programme which was incompatible with Convention norms, before it was given effect through specific acts that might jeopardise civil peace and the country's democratic regime.

10.1163/157181301760577975
/content/journals/10.1163/157181301760577975
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/content/journals/10.1163/157181301760577975
2001-07-01
2016-12-09

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