Freedom of Political Associations. Is the European “Historical Foe” Approach Inherent in the American Freedom of Associations?

      Аннотация: Freedom of association in Europe and the United States is considered to be one of the most important human rights, with there being only a thin line—if indeed such line exists—between curbing this freedom and crossing the boundaries of democracy. Without it, there is no democracy. A recent decision by the European Court of Human Rights indicates that this right has no universal definition. The Court unanimously confirmed the dissolution of Turkey’s largest political party by referring to Turkey’s historical fight for democracy. The Court’s interpretation is in line with many European countries’ definitions of freedom of association – which reflect the very different paths these countries have taken towards democracy. In this book, freedom of association is observed from the perspectives of the European Court of Human Rights and the Supreme Court of the United States, and as a consequence, if a doctrine similar to the European historical approach is inherent in the American freedom of association. If not, what constitutes the difference between these two courts’ approaches and how that difference might lead to diverse conclusions.

Ключевые слова: Sharia, freedom of speech, European Court of Human Rights, freedom of association, Turkey, Historical Foe, Refah Party.