Comparative Election Law

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

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-Carbó
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