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Comparative Election Law

Edited by: James A. Gardner

ISBN13: 9781788119016
To be Published: May 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £210.00



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.

Subjects:
Constitutional and Administrative Law, Comparative Law
Contents:
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