Mosler, Hannes B.: Banning the United Progressive Party in the Republic of Korea. The South Korean constitutional court decided in 2014 to ban the minor leftist United Progressive Party (UPP) and to deprive its five lawmakers of their seats in the national par- liament . In the petition by the right-conservative government to disband the UPP, the party was accused of supporting North Korea and to have planned to overthrow the South Korean government, which would violate the free democratic basic order and infringe upon the National Security Act . In his dissenting opinion, one of the nine judges challenged the majority’s decision’s main arguments . Also within heavily polarized politics, academia and society the petition as well as the decision was met with strong opposition . The investiga- tion on the circumstances leading up to the initiation of the petition and the constitutional judges’ interpretation of the article on political parties shows that the verdict leaves ample room for fundamental critique - both from a democratic theory perspective and from a legal theory perspective -, and concludes that the South Korean constitutional court han- dled the particular constitutional norm on party ban in a remarkably imprudent fashion . [ZParl, vol . 47 (2016), no . 1, pp . 176 - 194]
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