Democratic basic order as the object of protection of party dissolution procedures in Germany and Korea

Party dissolution procedures are considered as one means to protect the identity of a constitution. In this regard Article 21(2) of the German constitution stipulates that parties shall be unconstitutional, if they by reason of their aims or the behavior of their adherents seek to undermine or abolish the free democratic basic order or to endanger the existence of the Federal Republic of Germany. Article 8(4) of the Korean constitution prescribes the dissolution of a political party if the purposes or activities of a political party are contrary to the democratic basic order. To understand how these procedures can protect constitutional identity, the main emphasis has to be put on the object of protection. Our study therefore investigates in detail what is meant by the (free) democratic basic order in Germany and in Korea. To this end, we analyze the recent judgment of the German Federal Constitutional Court (2017, NPD) and the decision of the Korean Constitutional Court (2014, UPP).