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Att begränsa demokrati i demokratins namn - en komparativ analys av den positiva föreningsfriheten i Sverige och Tyskland

Nessvi, Matilda LU (2013) LAGF03 20132
Department of Law
Faculty of Law
Abstract
This essay addresses the dilemma of protecting the freedom of association,
whilst limiting it, in sake of other fundamental democratic values.
On one hand, the derivation of freedom of association may have significant
consequences on the democratic order. On the other, if unrestricted, an
association could cause serious damage to the liberties of others and
ultimately overthrow the democratic order.
In comparison to eachother, Germany and Sweden have two very different
solutions to the problem. The purpose of this essay was to find out what
kind of restrictions the countries have, and why they differ.
Sweden has a constitutional opportunity to limit the freedom of association,
however only one ban against association that seek to... (More)
This essay addresses the dilemma of protecting the freedom of association,
whilst limiting it, in sake of other fundamental democratic values.
On one hand, the derivation of freedom of association may have significant
consequences on the democratic order. On the other, if unrestricted, an
association could cause serious damage to the liberties of others and
ultimately overthrow the democratic order.
In comparison to eachother, Germany and Sweden have two very different
solutions to the problem. The purpose of this essay was to find out what
kind of restrictions the countries have, and why they differ.
Sweden has a constitutional opportunity to limit the freedom of association,
however only one ban against association that seek to take power from the
government. The German legal system separates a non-profitable
organisation from a political party. If found unconstitutional, both types of
association are banned.
A ban on associations such as politcal parties is a democratic paradox. By
limiting one freedom, the legislator tries to ensure another. Germany, which
has a differing history with democracy than Sweden, chooses to derive the
freedom of association in favor of democractic order. Swedish legal
tradition shields the political rights and therefore the freedom of association
is nearly unrestricted. (Less)
Please use this url to cite or link to this publication:
author
Nessvi, Matilda LU
supervisor
organization
course
LAGF03 20132
year
type
M2 - Bachelor Degree
subject
keywords
komparativ rätt, associationsrätt, föreningsfrihet
language
Swedish
id
4228932
date added to LUP
2014-01-31 14:15:49
date last changed
2014-01-31 14:15:49
@misc{4228932,
  abstract     = {This essay addresses the dilemma of protecting the freedom of association,
whilst limiting it, in sake of other fundamental democratic values.
On one hand, the derivation of freedom of association may have significant
consequences on the democratic order. On the other, if unrestricted, an
association could cause serious damage to the liberties of others and
ultimately overthrow the democratic order.
In comparison to eachother, Germany and Sweden have two very different
solutions to the problem. The purpose of this essay was to find out what
kind of restrictions the countries have, and why they differ.
Sweden has a constitutional opportunity to limit the freedom of association,
however only one ban against association that seek to take power from the
government. The German legal system separates a non-profitable
organisation from a political party. If found unconstitutional, both types of
association are banned.
A ban on associations such as politcal parties is a democratic paradox. By
limiting one freedom, the legislator tries to ensure another. Germany, which
has a differing history with democracy than Sweden, chooses to derive the
freedom of association in favor of democractic order. Swedish legal
tradition shields the political rights and therefore the freedom of association
is nearly unrestricted.},
  author       = {Nessvi, Matilda},
  keyword      = {komparativ rätt,associationsrätt,föreningsfrihet},
  language     = {swe},
  note         = {Student Paper},
  title        = {Att begränsa demokrati i demokratins namn - en komparativ analys av den positiva föreningsfriheten i Sverige och Tyskland},
  year         = {2013},
}