Political Parties and Elections: Legislating for Representative Democracy

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Ashgate Publishing, Ltd., Feb 28, 2013 - Law - 246 pages
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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.
 

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Contents

Public Law Political Parties and Representative Democracy A Framework for Comparative Analysis
1
Political Parties and Constitutions
23
The Gradual Legal Recognition of Political Parties
43
Requirements for Party Registration and Internal Organization
65
Regulating Party Candidate Selection Contests
99
Parties and the Conduct of Elections
127
The Public Funding of Election Campaigns and Political Parties
141
The Private Funding of Election Campaigns Regulating Political Donations and Expenditures
165
Parties in Parliament The Independence of the Legislature
193
Conclusion
205
Copyright

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About the author (2013)

Ariadne Vromen is senior lecturer in the Department of Government and International Relations at the University of Sydney. Katharine Gelber is senior lecturer in politics in the School of Social Sciences and International Studies at the University of NSW. Anika Gauja is a doctoral researcher in the Department of Politics at the University of Cambridge.

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