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Comparative Election Law

Comparative Election Law

Author: James A. Gardner
Publisher: Edward Elgar Publishing
ISBN: 9781788119016
Published In: May 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 3,042.00

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This timely research handbook offers a systematic and comprehensive examination of the election laws of democratic nations. Through a study of a range of different regimes of election law, it illuminates the disparate choices that societies have made concerning the benefits they wish their democratic institutions to provide, the means by which such benefits are to be delivered, and the underlying values, commitments, and conceptions of democratic self-rule that inform these choices.

Comparative Election Law features a wide scope of coverage, from distribution of the franchise, to candidate qualifications, to campaign speech and finance, to election administration, and more. Contributions from a range of expert scholars in the field are brought together to tackle difficult problems surrounding the definition of the democratic demos, as well as to lay bare important disjunctions between democratic ideals and feasible democratic regimes in practice. Furthermore, a comparative approach is also taken to examine democratic regimes at a theoretical as well as a descriptive level.

Featuring key research in a vitally important area, this research handbook will be crucial reading for academics and students in a range of fields including comparative law, legal theory, political science, political theory and democracy. It will also be useful to politicians and government officials engaged in election regulation, due to its excellent perspective on the range of regulatory options and how to evaluate them.

INTRODUCTION

1. Introduction: election law—universal or particular? 2

James A. Gardner

PART I: TWO VIEWS OF ELECTION LAW

2. Concepts and principles of electoral law in Europe

Anna Gamper

3. Comparative election law in Canada

Hoi L. Kong

PART II: PROBLEMS OF THE DEMOS

4. Representation in federations

Nicholas Aroney and Lauren Causer

5. Indigenous peoples and electoral law

Andrew Geddis

6. The fraud of John Locke: subnational challenges to democratic theory

Makau W. Mutua

7. Democracy and secessionism: constitutional firewalls and an emerging accommodational paradigm

Marc Sanjaume-Calvet

PART III: INSTITUTIONS AND STRUCTURES

8. Electoral systems and conceptions of politics

James A. Gardner

9. Constitutional design of political rights: the emerging model

Michael Pal

10. Political parties: private associations or public utilities?

Anika Gauja

11. Why representative democracy requires referendums

Dennis F. Thompson

12. The role of deliberative peace referendums in the constitutional settlement of conflict

Ron Levy and Ian O’Flynn

PART IV: VOTING

13. Elections, republicanism, and the demands of democracy: a view from the Americas

Roberto Gargarella

14. The long and unfinished road to universal suffrage and the development of electoral institutions: a Latin American perspective, 1810–1985

Eduardo Posada-Carbó

15. Constructing the demos: voter qualification laws in comparative perspective

Yasmin Dawood

16. Disenfranchisement due to crime

Chad Flanders

PART V: CANDIDATES

17.

Qualifications to be an elected representative

Graeme Orr

18. A constitutional perspective on electoral gender quotas

Patricia Popelier

19. Designing and protecting presidential term limits

David Landau and Rosalind Dixon

PART VI: CAMPAIGN SPEECH AND FINANCE

20. Campaign speech and the universal dilemma in the common law of elections: a lesson from the Anglo-American divide

Jacob Eisler

21. Campaign finance and electoral speech in the media

Jacob Rowbottom

22. Regulating money in politics: from electoral integrity to democratic integrity

Joo-Cheong Tham

PART VII: ADMINISTRATION

23. Comparative election administration: a legal perspective on electoral institutions

Daniel P. Tokaji

24. Depoliticizing redistricting

Nicholas Stephanopoulos

CONCLUSION

25. Conclusion: inequality, corruption, and climate change—rethinking election law in the twenty-first century

Timothy K. Kuhner

Index

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