20. A political party in Germany pursues the aim of establishing a dictatorship. It is then …

Answer options

1. tolerant.
2. committed to the rule of law.
3. law-abiding.
4. unconstitutional.

Explanation

Under Article 21(2) of the Basic Law, parties are unconstitutional if, by their aims or the conduct of their adherents, they seek to impair or abolish the free democratic basic order (FDGO). A party aiming to establish a dictatorship repudiates core elements of the FDGO—popular sovereignty, separation of powers, the rule of law, and fundamental rights—protected by Article 79(3) (the eternity clause). The Federal Constitutional Court has elaborated this doctrine of militant democracy in its party-ban judgments (SRP 1952; KPD 1956; NPD 2017); only that Court may prohibit a party.