Radikalitetskrav

Radikalitetskrav is a legal concept that emerged in German jurisprudence, particularly concerning the constitutional review of political parties. It refers to the principle that a political party can be declared unconstitutional and potentially banned if its objectives or the conduct of its members demonstrate a fundamental opposition to the democratic order of the Federal Republic of Germany. This opposition is not merely about disagreement with specific policies but a rejection of the core principles of the Basic Law, such as human dignity, democracy, and the rule of law.

The concept is rooted in the idea of a "militant democracy," where the state has the right to defend itself against forces seeking to overthrow it from within. For a party to be deemed to have violated radikalitetskrav, the Constitutional Court looks for evidence of a consistent and concerted effort to undermine or abolish the constitutional system. This can include programmatic goals that are inherently anti-democratic, the use of unconstitutional methods, or the propagation of ideologies that are incompatible with fundamental human rights.

The application of radikalitetskrav is a serious matter, and the threshold for declaring a party unconstitutional is high. The burden of proof lies with those seeking the ban, typically the Federal Government or parliamentary groups. The court meticulously examines the party's statutes, program, and the statements and actions of its leading members. Merely holding radical views is not sufficient; there must be a demonstrable intent and capability to act against the constitutional order. The ultimate aim is to protect the stability and existence of the democratic state.