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Party Law
How nations regulate political parties and party members
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Monograph
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2005
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- Adopting Party Law, one in the series on Political Parties and Democracy in Theoretical and Practical Perspectives (Washington, DC: NDI, 2005).
- Reviews over 1,000 national/constitutional laws concerning political parties
in 169 polities across the world. Reprinted in John Hardin
Young (ed.), International Election Principles: Democracy and the Rule of Law (Chicago, IL: American Bar Foundation, 2009), pp. 81-134.
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Articles and Book Chapters
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2011
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- "Party Law," in The Encyclopedia of Political Science, Volume 4, (Washington, DC: CQPress, 2011), 1190-1191.
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- Party law refers to governmental regulations concerning the organization, operation,
and activities of a nation's political parties and to internal rules formulated by individual political parties to govern themselves.
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2008
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- "Assessing Laws That Ban Party Switching, Defecting or Floor-Crossing in National
Parliaments," in Democracy Unit, Terugroeprect (Recall) (Parimaribo, Suriname: University of Suriname, 2008), pp. 83-113.
- Studies changes in parliamentary members' party affiliations in nations across
the world. It examines the extent of party change; how
this phenomenon has been studied; why some scholars favor
banning parliamentary party switching; why politicians
have legislated against party defections; the extent of
such legislation; and the consequences of such bans for
political parties' and party systems.
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Papers and Addresses
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2009
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"Laws Against Party Switching, Defecting or Floor-Crossing in National Parliaments," Paper presented at the 2009 World Congress of the International Political Science
Association, Santiago, Chile.
- Parliamentary members who switch parties during the session may be expelled
from parliament because they violate the law
in their country. This paper studies such "anti-defection" laws. It investigates the extent of such legislation; why and how often legislators
switch parties; how this phenomenon has been
studied; why some scholars favor banning party
switching; why politicians have legislated
against party defections; and the consequences
of such bans for political parties and party
systems.
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2007
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- "Assessing Laws That Ban Party Switching, Defecting, or Floor-Crossing in National
Parliaments," Paper prepared for the United Nations Development Program Workshop, "Right to Recall: A Right of the Party or of the Electorate?" Hotel Krasnapolsky, Paramaribo, Suriname, August 11, 2007.
- This paper studies changes in parliamentary members' party affiliations in nations
across the world. It examines the extent of party change;
how this phenomenon has been studied; why some scholars
favor banning parliamentary party switching; why politicians
have legislated against party defections; the extent of
such legislation; and the consequences of such bans for
political parties and party systems.
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2006
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- "Creating a Cross-National Database of Party Laws," Prepared for delivery at the 2006 Annual Meeting of the Midwest Political Science
Association, April 22, Chicago, Illinois.
- I describe a computer database of 1,101 party laws enacted in 169 nations. The
database was created to assess "how nations govern political
parties." Each entry in the database is tagged by the law's
origin (constitutions, national legislation, court rulings,
and so on) and its target: political parties, political
groups, elections, campaigns, candidates, voters, or government.
I used the database in "Adopting Party Law."
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- "How Nations Govern Political Parties," Prepared for delivery at the 2006 World Congress of the International Political
Science Association, July 12, Fukuoka, Japan.
- Describes my crossnational survey of over 1,000 government regulations in 169
countries that affect the legal status of parties, their
activities, finances, campaigns, candidates, organization,
and other aspects of party politics. This inventory of
government regulations concerning political parties has
been compiled into a database that can be queried to answer
questions about the shape and extent of the legal framework
under which parties operate.
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- "Measuring National Performance on Models of Party Regulation," Prepared for delivery at the Expert Meeting on Political Party Development in
Conflict-prone Societies, Organized by the Clingendael
Institute, October 25, 2006; The Hague, Netherlands.
- Formulates five models reflecting different ways in which nations have regulated
parties through their policies. These models were described
as ones of proscription, prescription, permission, promotion,
or protection of parties and party activities. The paper
has three parts: (1) a description of five models for regulating
political parties and the general approach to scoring nations
on each model; (2) a data report on the scoring results;
and (3) an evaluation of the methodological difficulties
in the study.
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- "Six Issues in Regulating Political Parties," Prepared for delivery at the Expert Meeting on Political Party Development in
Conflict-prone Societies, Organized by the Clingendael
Institute, October 25, 2006; The Hague, Netherlands.
- Six key issues in regulating parties that deserve special attention: (1) civil
prerequisites of the political system, (2) the legal level
of the regulation, (3) the role of political parties in
presidential governments, (4) differences between parliamentary
and presidential governments in the regulation of political
parties, (5) differences between intra-party and inter-party
democracy, and (6) the type of produced by the regulations—aggregative
or articulative.
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- "Clarifying Concepts in Democracy Assistance: 'Engineering' v. 'Regulating'" Prepared for delivery at the Expert Meeting on Political Party Development in
Conflict-prone Societies, Organized by the Clingendael
Institute, October 25, 2006; The Hague, Netherlands.
- Contends that "engineering" and "regulating" are fundamentally different processes
that fit different stages of political development.
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2005
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- "Goldilocks and Party Law: How Much Law Is Just Right?" Prepared for delivery at the American Political Science Association "Short Course" on Political Parties in Emerging Democracies," Washington, DC, August 31, 2005.
- How closely should nations regulate political parties? If governments have no
laws stating what parties can and cannot do, nations risk
ruthless politics with little or no public accountability.
If governments enact strict laws specifying how parties
should organize, campaign, and operate, nations might discourage
or prevent political parties from participating in public
affairs. Should parties have free rein to do as they wish?
Or should parties be governed by comprehensive laws?
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2004
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- "Role of Law in Political Party Change," Paper prepared for "Change in Political Parties," a Policy Roundtable Sponsored by the U.S. Agency for International development
and the Association Liaison Office for University Cooperation
in Development, Washington, D.C., October 1, 2004
- . Considers electoral law, party law, and party finance) as major aspects of
the legal framework for direct regulation; and two other
major targets of indirect regulation: campaigns and candidates.
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