That's the case in any working democracy. Defensive democracy is a different conception, e.g. the German constitution allows for party prohibitions. In a defensive democracy, rules like party prohibitions are ideally not applied by an ordinary court but by an independent political organ. To give an example from Germany, the German Supreme Court is an independent political organ that serves as a power division element to check the work of the two parliaments for constitutionality. The "highest" ordinary court is the Bunderverwaltungsgericht.