Militant Democracy in Israel

Abstract Political parties are at the core of modern democracy. Parties are not only a form of expression and representation but also have an essential role in ensuring pluralism and the proper functioning of democracy. Yet the unique position that is granted to political parties may also pose risks when it is misused by intolerant and undemocratic parties that seek to use the power granted to them to undermine the fundamental values of democracy. This article presents an analysis of the Israeli banning regime enshrined in Section 7A of the Basic Law: The Knesset and its application since its enactment in 1985, focusing upon the case law—the interpretation given to Section 7A by the Israeli Supreme Court. The chapter discusses the main issues that arise in the party banning context, including the grounds for banning, the evidentiary standard, the use of a probability standard, and the difference between party banning and limitations imposed upon extremists in the criminal field. Finally, the chapter briefly discusses other aspects of the concept of militant democracy in Israel.