De maakbare partijendemocratie? Over de (grond)wettelijke regulering van politieke partijen
The legal basis that underpins the existence of political parties with increased frequency and intensity demonstrates that parties have now come to be seen as necessary and desirable institutions that (ought to) fulfil important functions within the democratic system. On the one hand, the regulation of political parties is aimed at the continued existence of party democracy. It is thus is legally permitted to non-democratic or separatist parties from the system, while existing parties are endowed with important privileges which are not reserved for other forms of social organizations. At the same time, the increased regulation of parties is also a reaction to prevailing political dissatisfaction and declining public confidence and trust. Parties are therefore summoned to provide more transparency about the financing of their activities, and to open up and democratize their own party organizations. This article explores the causes and consequences of the increased regulation of political parties and aims to contribute to a fundamental reflection on the future of party democracy, of which the contours are all but clear.