Who may ask the Constitutional Court to dissolve a political party, and what must have happened before that application can be made?
General information · Not legal advice
Material to check
For this practice exercise, we read the State Council minutes recording the deliberation on the proposed petition, the papers setting out the party's purpose or its activities said to contravene the democratic basic order, and the petition itself lodged with the Constitutional Court.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision's chain of conditions as written: only the government may petition for a party dissolution trial, it must first have passed through State Council deliberation, and the ground must be that the political party's purpose or its activity is contrary to the democratic basic order.
Another reading notes what the provision does not reach: it says the government 'may' petition but sets no period, procedure or threshold for finding such a contravention, and it treats 'purpose or activity' as a single ground without saying how the court should tell which of the two is at issue.
Your judgment
On the facts of a file, what would show whether it is the party's purpose or its activity that stands contrary to the democratic basic order?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may petition or what must precede the petition, or if the Constitutional Court sets out what counts as a purpose or activity contrary to the democratic basic order.