Comparative Election Law

Edited by James A. Gardner, Bridget and Thomas Black SUNY Distinguished Professor of Law Emeritus, University at Buffalo School of Law, State University of New York, USA

‘This is a fabulous book by one of the leading thinkers of law and democracy. It fills a tremendous hole in the literature by emphasizing the importance of a comparative approach to helping us think anew about both old and new problems in law and democracy.’

• Contents:INTRODUCTION1 Introduction: election law—universal or particular? 2James A. GardnerPART I TWO VIEWS OF ELECTION LAW2 Concepts and principles of electoral law in Europe 15Anna Gamper3 Comparative election law in Canada 32Hoi L. KongPART II PROBLEMS OF THE DEMOS4 Representation in federations 51Nicholas Aroney and Lauren Causer5 Indigenous peoples and electoral law 71Andrew Geddis6 The fraud of John Locke: subnational challenges to democratic theory 90Makau W. Mutua7 Democracy and secessionism: constitutional firewalls and an emergingaccommodational paradigm 115Marc Sanjaume-CalvetPART III INSTITUTIONS AND STRUCTURES8 Electoral systems and conceptions of politics 140James A. Gardner9 Constitutional design of political rights: the emerging model 158Michael Pal10 Political parties: private associations or public utilities? 177Anika Gauja11 Why representative democracy requires referendums 193Dennis F. Thompson12 The role of deliberative peace referendums in the constitutionalsettlement of conflict 212Ron Levy and Ian O’FlynnPART IV VOTING13 Elections, republicanism, and the demands of democracy: a view fromthe Americas 236Roberto Gargarella14 The long and unfinished road to universal suffrage and the developmentof electoral institutions: a Latin American perspective, 1810–1985 250Eduardo Posada-Carbó15 Constructing the demos: voter qualification laws in comparative perspective 272Yasmin Dawood16 Disenfranchisement due to crime 290Chad FlandersPART V CANDIDATES17 Qualifications to be an elected representative 305Graeme Orr18 A constitutional perspective on electoral gender quotas 322Patricia Popelier19 Designing and protecting presidential term limits 344David Landau and Rosalind DixonPART VI CAMPAIGN SPEECH AND FINANCE20 Campaign speech and the universal dilemma in the common law ofelections: a lesson from the Anglo-American divide 369Jacob Eisler21 Campaign finance and electoral speech in the media 388Jacob Rowbottom22 Regulating money in politics: from electoral integrity to democratic integrity 410Joo-Cheong ThamPART VII ADMINISTRATION23 Comparative election administration: a legal perspective on electoralinstitutions 436Daniel P. Tokaji24 Depoliticizing redistricting 459Nicholas StephanopoulosCONCLUSION25 Conclusion: inequality, corruption, and climate change—rethinkingelection law in the twenty-first century 478Timothy K. KuhnerIndex