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.
Governments need rules, institutions, and processes to translate the will of the people into functioning democracies. Election laws are the rules that make that happen. Yet across the world various countries have crafted different rules regarding how elections are conducted, who gets to vote, who is allowed to run for office, what role political parties have, and what place money has in the financing of campaigns and candidates. The Routledge Handbook of Election Law is the first major cross-national comparative reference book surveying the electoral practices and law of the major and emerging democracies across the world. It brings together the leading international scholars on election law and democracy, examining specific issues, topics, or the regions of the world when it comes to rules, institutions, and processes regarding how they run their elections. The result is a rich volume of research furthering the legal and political science knowledge about democracies and the challenges they face. Scholars interested in election law and democracy, as well as election officials, will find the Routledge Handbook of Election Law an essential reference book.
E-voting is the use of electronic means in the casting of the vote at political elections or referendums. This book provides an overview of e-voting related case-law worldwide and explains how judicial decisions impact e-voting development. With contributions by renowned experts on thirteen countries, the authors discuss e-voting both from controlled environments, such as voting machines in polling stations, and uncontrolled ones, including internet voting. Each chapter examines a group of country-specific leading judicial decisions on e-voting and their likely impact on its future development. Reference is made to emerging standards on e-voting such as the Recommendation Rec(2004)11 of the Council of Europe, the only international instrument on e-voting regulation, and to other countries' case-law. The work provides a broader, informative and easily accessible perspective on the historical, political and legal aspects of an otherwise very technical subject, and contributes to a better understanding of the significance of case law and its impact in shaping e-voting's future development. The book will be significantly useful to anyone with an interest in e-voting, in particular decision makers and officials, researchers and academia, as well as NGOs and providers of e-voting solutions.
‘Why do we vote in schools?’ ‘What is the social meaning of secret balloting?’ ‘What is lost if we vote by mail or computers rather than on election day?’ ‘What is the history and role of drinking and wagering in elections?’ ‘How does the electoral cycle generate the theatre of election night and inaugurations?’ Elections are key public events - in a secular society the only real coming together of the social whole. Their rituals and rhythms run deep. Yet their conduct is invariably examined in instrumental ways, as if they were merely competitive games or liberal apparatus. Focusing on the political cultures and laws of the UK, the US and Australia, this book offers an historicised and generalised account of the intersection of electoral systems and the concepts of ritual, rhythm and the everyday, which form the basis of how we experience elections. As a novel contribution to the theory of the law of elections, this book will be of interest to researchers, students, administrators and policy makers in both politics and law.
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
..." a usful volume on the impact of electoral laws...includes a very good bibliography and index...establishes a broader international and interdisciplinary perspective on the methods of representation." - American Political Science Review
The Law of Democracy offers a systematic exploration of the legal construction of American democracy. The book brings together a cluster of issues in law regulating the design of democratic institutions, and the book employs a variety of methods - historical, comparative, theoretical, doctrinal - to explore foundational questions in the theory and practice of democracy. Covered issues include the historical development of the individual right to vote; current struggles over racial gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.
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.
Allegations of fraud have marred recent elections around the world, from Russia and Italy to Mexico and the United States. Such charges raise fundamental questions about the quality of democracy in each country. Yet election fraud and, more broadly, electoral manipulation remain remarkably understudied concepts. There is no consensus on what constitutes election fraud, let alone how to detect and deter it. E lection Fraud: Detecting and Deterring Electoral Manipulation brings together experts on election law, election administration, and U.S. and comparative politics to address these critical issues. The first part of the book, which opens with an essay by Craig Donsanto of the U.S. Department of Justice, examines the U.S. understanding of election fraud in comparative perspective. In the second part of the book, D. Roderick Kiewiet, Jonathan N. Katz, and other scholars of U.S. elections draw on a wide variety of sources, including survey data, incident reports, and state-collected fraud allegations, to measure the extent and nature of election fraud in the United States. Finally, the third part of the book analyzes techniques for detecting and potentially deterring fraud. These strategies include both statistical analysis, as Walter R. Mebane, Jr. and Peter Ordeshook explain, and the now widespread practice of election monitoring, which Alberto Simpser examines in an intriguing essay.
