Political Parties and Elections: Legislating for Representative Democracy

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Routledge, Apr 22, 2016 - Law - 246 pages
Political Parties and Elections presents a comparative analysis of the ways in which advanced industrial democracies seek to regulate the activities of political parties in electoral contests. Actual political practice suggests that parties are crucial actors in democratic elections, yet the nature and extent to which parties are regulated, or even recognized, as participants in the electoral process varies greatly among nations. Author Anika Gauja analyzes the electoral laws of five key common law democracies with similar parliamentary and representative traditions, similar levels of economic and political development, yet with significantly different electoral provisions: the United States, the United Kingdom, Canada, Australia, and New Zealand. Using the relationship between law and politics as a lens, the book focuses specifically on the ways in which these jurisdictions seek to regulate the behavior of their political parties as the product of a broader normative vision of how representative democracy ought to function. In its subject matter, comparative scope, and interdisciplinary theoretical framework, this book examines not only electoral law but also ancillary legislation such as funding regulations, associations and corporations law, and constitutional provisions. It also analyzes the case law that guides the interpretation of this legislation. Political Parties and Elections represents an innovative body of research, comparing for the first time the electoral-legal regimes of a significant number of common law nations.
 

Contents

A Framework for Comparative Analysis
1
2 Political Parties and Constitutions
23
3 The Gradual Legal Recognition of Political Parties
43
4 Requirements for Party Registration and Internal Organization
65
5 Regulating Party Candidate Selection Contests
99
6 Parties and the Conduct of Elections
127
7 The Public Funding of Election Campaigns and Political Parties
141
Regulating Political Donations and Expenditures
165
The Independence of the Legislature
193
10 Conclusion
205
Bibliography
213
Index
231
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About the author (2016)

Anika Gauja is a Lecturer in Government and International Relations at the University of Sydney, Australia and holds degrees in Economics and Law from the University of Sydney and a PhD in Politics from Cambridge University, UK. She is the co-author of Powerscape: Contemporary Australian Politics (Allen and Unwin, 2009).

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