Comparative election law

著者

書誌事項

Comparative election law

edited by James A. Gardner

（Research handbooks in comparative law）

Edward Elgar, c2022

  • : hbk

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

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.

目次

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 15 Anna Gamper 3 Comparative election law in Canada 32 Hoi L. Kong PART II PROBLEMS OF THE DEMOS 4 Representation in federations 51 Nicholas Aroney and Lauren Causer 5 Indigenous peoples and electoral law 71 Andrew Geddis 6 The fraud of John Locke: subnational challenges to democratic theory 90 Makau W. Mutua 7 Democracy and secessionism: constitutional firewalls and an emerging accommodational paradigm 115 Marc Sanjaume-Calvet PART III INSTITUTIONS AND STRUCTURES 8 Electoral systems and conceptions of politics 140 James A. Gardner 9 Constitutional design of political rights: the emerging model 158 Michael Pal 10 Political parties: private associations or public utilities? 177 Anika Gauja 11 Why representative democracy requires referendums 193 Dennis F. Thompson 12 The role of deliberative peace referendums in the constitutional settlement of conflict 212 Ron Levy and Ian O'Flynn PART IV VOTING 13 Elections, republicanism, and the demands of democracy: a view from the Americas 236 Roberto Gargarella 14 The long and unfinished road to universal suffrage and the development of electoral institutions: a Latin American perspective, 1810-1985 250 Eduardo Posada-Carbo 15 Constructing the demos: voter qualification laws in comparative perspective 272 Yasmin Dawood 16 Disenfranchisement due to crime 290 Chad Flanders PART V CANDIDATES 17 Qualifications to be an elected representative 305 Graeme Orr 18 A constitutional perspective on electoral gender quotas 322 Patricia Popelier 19 Designing and protecting presidential term limits 344 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 369 Jacob Eisler 21 Campaign finance and electoral speech in the media 388 Jacob Rowbottom 22 Regulating money in politics: from electoral integrity to democratic integrity 410 Joo-Cheong Tham PART VII ADMINISTRATION 23 Comparative election administration: a legal perspective on electoral institutions 436 Daniel P. Tokaji 24 Depoliticizing redistricting 459 Nicholas Stephanopoulos CONCLUSION 25 Conclusion: inequality, corruption, and climate change-rethinking election law in the twenty-first century 478 Timothy K. Kuhner Index

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