Place of Religious Groups in the Democratic States

Rahmatifar, Samaneh

doi:10.22096/hr.2024.2013279.1622

Place of Religious Groups in the Democratic States

Document Type : Research Article

Author

Samaneh Rahmatifar

Associate Professor, Department of Law, Faculty of Humanities Science, Hamedan Branch, Islamic Azad University, Hamedan, Iran.

10.22096/hr.2024.2013279.1622

Abstract

The purpose of this paper is to study the permission of the religious political parties in democratic governments. The research method is descriptive-analytical. Elements of democracy will be listed descriptively. A dialectical approach will apply to the response arguments of pro-religious parties, and the components of democracy will compare with the internal relations of such parties by comparative study. Although defenders of religious political parties mainly rely on political reasons, the findings show that legal reasoning is debatable to their arguments. The elements of democracy include public participation and control, equality, freedom, decision-making based on a numerical majority, pluralism, observing public interest, separation of powers, and the rule of law. These are incompatible with the nature of internal relationships in religious political parties. In addition to legal reasoning, the constitutional documents of some religious parties also support the hypothesis. The way of respecting the freedom of association as a principle established simultaneously by the international human rights law, and democracy, is the prohibition of religious groups as a political party without exception but instead recognition of their activity in the form of non-political civil institutions.

Keywords

Equality

Public Participation

Freedom

Pluralism

Deficit of Democracy

Subjects

Democracy

Bibliography

Australian Christians. “Become a Member.” Accessed July 10, 2022. https://australianchristians.org.au/membership.

Australian Christians. “Mission and Beliefs.” Accessed July 10, 2022. https://
australianchristians.org.au/mission-and-beliefs.

Australian Christians. “Mission Statement.” Accessed July 10, 2022. https://australian
christians.org.au/wp-content/uploads/2022/07/MISSION-STATEM
ENT.pdf.

Beetham, David. Democracy and Human Rights. Cambridge: Polity, 1999.

Beetham, David. “Linking Democracy and Human Rights.” Peace Review: A Journal of Social Justice 9, no. 3 (1997): 351-356. https://doi.org/10.1080/
10402659708426076.

Bligh, Gur. “Defending Democracy: a New Understanding of the Party- Banning Phenomenon.” Vanderbilt Journal of Transnational Law 46 (2013): 1321-1379.

Bourne, Angela K. “Democratization and the illegalization of political parties in Europe.” Democratization 19, no. 6 (2012): 1065–1085. https://doi.org/10.1080/13510347.2011.626118.

Bullock, Karen. Citizens, Community and Crime Control. London: Palgrave Macmillan, 2014.

Case of Refah Partisi and others v. Turkey. No. 41340/98, 41342/98, 41343/98, [2003] ECHR.

Chandra, Kanchan. “Ethnic Parties and Democratic Stability.” Perspectives on Politics 3, no. 2 (2005): 235-252.https://doi.org/10.1017/S153759
2705050188.

Christian Democratic Union of Germany. Statutenbroschüre der CDU Deutschlands [Brochure of the statutes of the CDU in Germany]. Accessed February 25, 2019. https://archiv.cdu.de/system/tdf/media/
dokumente/statutenbroschuere_cdu_verlinkt.pdf. [In German]

Durbach, Andrea, Isabelle Reinecke, and Louise Dargan. “Enabling democracy: the role of public interest litigation in sustaining and preserving the separation of powers.” Australian Journal of Human Rights 26, no. 2 (2020): 195-208. https://doi.org/0.1080/132323
8X.2021.1875594.

Elman, Miriam Fendius, and Carolyn M. Warner. “Democracy, Security, and Religious Political Parties: A Framework for Analysis.” Asian Security 4, no. 1 (2008): 1–22. https://doi.org/10.1080/14799850701
783106.

Federation of Jewish Communities in Romania. Regulamentut intern al federatiei comunitatilor evreiesti din romania [Internal regulations of the federation of Jewish communities in Romania]. https://
www.jewishfed.ro/downloads/legi/regulament.pdf. [In Romanian]

Held, David. Models of Democracy. Cambridge: Polity, 2006.

Joustra, Robert J. “The Coordinates of Covenantal Pluralism: Mapping Pluralist Theory in the 21st Century.” The Review of Faith and International Affairs 18, no. 4 (Winter 2020): 18-34. https://doi.org/
10.1080/15570274.2020.1834994.

Kalyvas, Stathis N. “Commitment Problems in Emerging Democracies the Case of Religious Parties.” Comparative Politics 32, no. 4 (2000): 379-398. https://doi.org/10.2307/422385.

Kelsen, Hans. “On the Essence and Value of Democracy.” In Weimar a Jurisprudence of Crisis. Edited by J. Jacobson and Bernhard Schlink, 84-109. Berkeley: University of California Press, 2000.

Kelsen, Hans. The Essence and Value of Democracy. Translated by Brian Graf. Plymouth: Rowman and Littlefield publishers, 2013.

Labour Party (UK). “About Us, Terms and Conditions.” Accessed July 10, 2022. https://labour.org.uk/terms-and-conditions.

Mill, John Stuart. On Liberty. New York: Dover Publications, 2002.

Nwogu, G.A.I. “Democracy: Its Meaning and Dissenting Opinions of the Political Class in Nigeria: A Philosophical Approach.” Journal of Education and Practice 6, no. 4 (2015): 131-142.

Özbudun, Ergun. “Party prohibition cases: different approaches by the Turkish constitutional court and the European Court of Human Rights.” Democratization 17, no. 1 (2010): 125–142. https://doi.org/10.1080/
13510340903453807.

Ozzano, Luca and Francesco Cavatorta. “Introduction: religiously oriented parties and democratization.” Democratization 20, no. 5 (2013): 799–806. https://doi.org/10.1080/13510347.2013.801252.

Rosenblum, Nancy L. “Banning Parties: Religious and Ethnic Partisanship in Multicultural Democracies.” Law and Ethics of Human Rights 1, no. 1 (2007): 17-75. https://doi.org/10.2202/1938-2545.1002.

Rosenblum, Nancy L. “Religious Parties, Religious Political Identity, and The Cold Shoulder of Liberal Democratic Thought.” Ethical Theory and Moral Practice 6, no. 1 (2003): 23–53, https://doi.org/10.1023/A:10232
46418937.

Tepe, Sultan. “Religious parties and democracy: A comparative assessment of Israel and Turkey.” Democratization 12, no. 3 (2005): 283–307. https://doi.org/10.1080/13510340500126731.

Tepe, Sultan. “Moderation of Religious Parties: Electoral Constraints, Ideological Commitments, and the Democratic Capacities of Religious Parties in Israel and Turkey.” Political Research Quarterly 65, no. 3 (2012): 467-485. https://doi.org/10.1177/1065912911434473.

Vincent, Andrew. Theories of the State. Hoboken: Wiley-Blackwell, 1991.

Weir, Stuart, and David Beetham. Political Power and Democratic Control in Britain. London: Routledge, 2005.

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