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Party Funding and Campaign Financing in International Perspective

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Edited by: K.D. Ewing, Samuel Issacharoff

ISBN13: 9781841135700
ISBN: 1841135704
Published: January 2006
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00

Despatched in 9 to 11 days.

This book deals with questions of political party funding and campaign financing, issues which arouse controversy in many parts of the world. How are the central actors in the political arena supposed to gather the funds necessary to operate effectively on behalf of their chosen political ends? And, how may they spend money in furtherance of their political objectives?

The aim of this volume, the first in a new series of Columbia University/London University collaborative projects, is to explore these issues in the specific context of a number of national settings. The studies presented here show that financing questions cannot be addressed independent of the constitutional conventions of the country, the nature of the political parties in the country, and the means of access to publication and the media in any given nation.

It may be one matter in the US, where the political parties do not have a mass institutional base, to restrict contributions from any particular source to a few thousand dollars, or even to prohibit union contributions to political parties altogether. But in a country with a Labour Party built upon the union structure, that same rule would be an invitation to state assault upon a central political actor. Similarly, the high role of constitutional oversight in the United States and Canada yields surprisingly divergent results in terms of whether contributions or expenditures may be curtailed.

The national studies in this volume reveal a rich diversity in the approach to regulation in Australia, Canada, the European Union, Japan, New Zealand, Quebec, the United Kingdom and the United States. The topicality of the issues considered is reflected in the fact that since the book was first mooted there have been major decisions of the US Supreme Court and the Supreme Court of Canada, as well as an investigation and report by the Electoral Commission in the United Kingdom, all of which have a direct bearing on the legal and policy issues discussed in this book.

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Constitutional and Administrative Law
1. Introduction
Part I 'Light Touch' Regulation and its Discontents
2. The Regulation of Campaign Funding in New Zealand: Practices, Problems and Prospects for Change
Andrew Geddis
Part II 'Big Bang' Regulation of a Private Funding Regime
3. Regulation of Political Funding under the United Kingdom's Political Parties, Elections and Referendums Act 2000 - And Beyond?
Navraj Ghaleigh
4. The Disclosure of Political Donations in Britain - New Regulation, Old Problems
K D Ewing
5. Access to the Airwaves and Equality: The Case against Media Political Advertising on the Broadcast Media
Jacob Rowbottom
Part III From State Regulation to State Funding
6. Political Finance Law and Electoral Funding in Australia
Graeme Orr
7. The Growing Importance of Public Funding in Japan
Akiko Ejima
8. Financing Parties at the Grass - Roots Level: The Quebec Experience
Louis Massicotte
Part IV Regulation and Judicial Review
9. Throwing in the Towel: The Constitutional Morass of Campaign Finance
Samuel Issacharoff
10. Soft Money, Congress, and the Supreme Court
Richard Briffault
11. The Law of American Party Finance
Nathaniel Persily
Part V Regulation and Judicial Review: Divergent Paths
12. The Supreme Court of Canada's Political Theory and the Constitutionality of the Political Finance Regime
Colin Feasby
13. Elections, Democracy, and Free Speech: More at Stake than an Unfettered Right to Advertise
Janet L Hiebert
Part VI Starting from Scratch
14. Political Parties in the European Union: Towards a European Party Statute?
Stephen Day and Jo Shaw

Series: Columbia London Law Series