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Guest Post: Should Extremist Parties Be Banned? | Zero Hedge

Guest Post: Should Extremist Parties Be Banned? | Zero Hedge. (source)

Following the slaying of two members of Greece’s far-rght Golden-Dawn party (and wounding of a third) on Friday evening, the Greek government’s crackdown on the country’s ‘extremist’ party has revived a vexing question that seemed to have disappeared with the Cold War’s end: Is there a place within liberal democracies for apparently anti-democratic parties?

Via AP,

Police investigating the slaying of two members of the far-right Golden Dawn party and the wounding of a third say the gun used in the Friday evening attack had not been used in previous terrorist attacks.

The assailant fired 12 rounds from a Zastava Tokarev type semi-auto pistol, police say.

A police source, speaking on condition of anonymity because officers were not authorized to comment on the ongoing investigation, said Saturday that a video from a nearby security camera confirmed accounts from Golden Dawn lawmakers that the assailant started firing from 15 meters (yards) away and finished off his victims from point-blank range. The gunman fired at a fourth Golden Dawn member, who managed to enter a building unharmed.

One can’t help but get the sense their is a growing ‘instigation’ of more killing in Greece, which got us thinking of the following discussion…

Authored by Jan-Werner Mueller, originally posted at Project Syndicate,

Should Extremist Parties Be Banned?

To be sure, liberal democracies have felt threatened since communism collapsed in 1989 – but mostly by foreign terrorists, who tend not to form political parties and sit in these countries’ parliaments. So, should extremist parties that seek to compete within the democratic framework be outlawed, or would such a restriction on freedom of speech and association itself undermine this framework?

Above all, it is crucial that such decisions be entrusted to non-partisan institutions such as constitutional courts, not other political parties, whose leaders will always be tempted to ban their competitors. Unfortunately, the moves against Golden Dawn are mostly identified with the government’s interests, rather than being perceived as the result of careful, independent judgment.

On the face of it, democratic self-defense seems a legitimate goal. As US Supreme Court Justice Robert Jackson (who was also the chief US prosecutor at Nuremburg) put it, the constitution is not “a suicide pact” – a sentiment echoed by the Israeli jurist Aharon Barak, who emphasized that “civil rights are not an altar for national destruction.”

But too much democratic self-defense can ultimately leave no democracy to defend. If the people really want to be done with democracy, who is to stop them? As another US Supreme Court justice, Oliver Wendell Holmes, put it, “if my fellow citizens want to go to Hell, I will help them. It’s my job.”

So it seems that democracies are damned if they ban and damned if they do not ban. Or, in the more elevated language of the twentieth century’s most influential liberal philosopher, John Rawls, this appears to be a “practical dilemma which philosophy alone cannot resolve.”

History offers no clear lessons, though many people like to think otherwise. In retrospect, it appears obvious that the Weimar Republic might have been saved had the Nazi Party been banned in time. Joseph Goebbels, Hitler’s propaganda minister, famously gloated after the Nazis’ legal Machtergreifung (seizure of power): “It will always remain one of the best jokes of democracy that it provided its mortal enemies with the means through which it was annihilated.”

But a ban might not have halted the German people’s general disenchantment with liberal democracy, and an authoritarian regime still might have followed. Indeed, whereas West Germany banned a neo-Nazi party and the Communist Party in the 1950’s, some countries –particularly in Southern and Eastern Europe, where dictatorship came to be associated with the suppression of pluralism – have drawn precisely the opposite lesson about preventing authoritarianism. That is one reason why Greece, for example, has no legal provisions for banning parties.

The fact that Greece nonetheless is effectively trying to destroy Golden Dawn – the parliament just voted to freeze the party’s state funding – suggests that, in the end, most democracies will want to draw the line somewhere. But just where, exactly, should it be drawn?

For starters, it is important to recognize that the line needs to be clearly visible before extremist parties even arise. If the rule of law is to be upheld, democratic self-defense must not appear ad hoc or arbitrary. Thus the criteria for bans should be spelled out in advance.

One criterion that seems universally accepted is a party’s use, encouragement, or at least condoning of violence – as was evidently the case with Golden Dawn’s role in attacks on immigrants in Athens. There is less consensus about parties that incite hatred and are committed to destroying core democratic principles – especially because many extremist parties in Europe go out of their way to emphasize that they are not against democracy; on the contrary, they are fighting for “the people.”

But parties that seek to exclude or subordinate a part of “the people” – for example, legal immigrants and their descendants – are violating core democratic principles. Even if Golden Dawn – a neo-Nazi party in appearance and content – had not engaged in violence, its extreme anti-immigrant stance and its incitement of hatred at a moment of great social and economic turmoil would have made it a plausible candidate for a ban.

Critics warn of a slippery slope. Any disagreement with a government’s immigration policy, for example, might eventually be deemed “racist,” resulting in curtailment of freedom of speech.Something like the classic American standard – the speech in question must pose a “clear and present danger” of violence – is therefore essential. Marginal parties that are not connected to political violence and do not incite hatred should probably be left in peace – distasteful as their rhetoric may be.

But parties that are closer to assuming power are a different matter, even if banning them might automatically appear undemocratic (after all, they will already have deputies in parliaments). In one famous case, the European Court of Human Rights agreed with the banning of Turkey’s Welfare Party while it was the senior member of a governing coalition.

It is a myth that bans turn leaders of extremist parties into martyrs. Very few people can remember who led the postwar German neo-Nazis and Communists. Nor is it always the case that mainstream parties can cut off support for extremists by selectively coopting their complaints and demands. Sometimes this approach works, and sometimes it does not; but it always amounts to playing with fire.

Banning parties does not have to mean silencing citizens who are tempted to vote for extremists. Their concerns should be heard and debated; and sometimes banning is best combined with renewed efforts at civic education, emphasizing, for example, that immigrants did not cause Greece’s woes. True, such measures might come across as patronizing – but such forms of public engagement are the only way to avoid making anti-extremism look like extremism itself.

 

Greece lifts immunity of Golden Dawn MPs – Europe – Al Jazeera English

Greece lifts immunity of Golden Dawn MPs – Europe – Al Jazeera English. (source)

Six lawmakers from far right Golden Dawn party have their immunity from prosecution revoked as part of crackdown.

The probe into Golden Dawn was prompted by the murder of a hip hop artist by a self-confessed neo-Nazi supporter [AP]
Greece’s Parliament has voted to lift the immunity from prosecution of six lawmakers from the far right-wing Golden Dawn party, as part of a crackdown into the party’s activities after the murder of an anti-fascist musician last month.

A majority of over two-thirds in the 180-seat chamber voted to lift the immunity of George Germenis, Efstathios Boukouras and Panagiotis Iliopoulos on Wednesday.

In addition, party spokesman Ilias Kassidiaris and fellow lawmakers Ilias Panagiotaros and Chrysovalantis Alexopoulos will be called to answer lesser charges, a process that will first require parliamentary approval.

Kassidiaris and Panagiotaros were already indicted earlier this month, and conditionally freed, on the charge of belonging to a criminal organisation.

Golden Dawn leader Nikos Michaloliakos, his deputy Christos Pappas and lawmaker Yiannis Lagos are already being held in Athens’s high security Korydallos prison over the case.

The probe into Golden Dawn was prompted by the murder of hip hop artist Pavlos Fyssas by a self-confessed neo-Nazi supporter in September.

Witnesses have since testified that senior party members were involved in migrant beatings, extortion and possible arms smuggling.

The authorities are also moving to cut the party’s access to state funding, in a vote to take place on Thursday.

 

Caption Contest: Golden Dusk | Zero Hedge

Caption Contest: Golden Dusk | Zero Hedge.

 

Greek police arrest far-right party leader – Europe – Al Jazeera English

Greek police arrest far-right party leader – Europe – Al Jazeera English.

 

Athens mayor vows to ban ‘racist’ charity act – Europe – Al Jazeera English

Athens mayor vows to ban ‘racist’ charity act – Europe – Al Jazeera English.

 

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