Regulation Of Political Parties Research Articles

The challenges in protecting public health interests in multisectoral governance in the context of small island developing states: the case of tobacco control in Fiji and Vanuatu

BackgroundThe commercial determinants of health (CDoH) drive the rise of NCDs globally, and their regulation requires multisectoral governance. Despite existing recommendations to strengthen institutional structures, protecting public health interests can be challenging amidst industry interference and conflicting policy priorities, particularly in low and middle-income countries (LMICs) where the need for rapid economic development is pronounced. Small island developing states (SIDS) face even more challenges in regulating CDoH because their unique socioeconomic, political, and geographic vulnerabilities may weaken institutional conditions that could aid health sector actors in protecting health interests. This study aims to explore the institutional conditions that shape health sector actors’ capability to protect public health interests in tobacco governance in Fiji and Vanuatu.MethodsWe employed a qualitative, exploratory case study design. We applied the administrative process theory to inform data collection and analysis. Seventy interviews were completed in Fiji and Vanuatu from 2018 to 2019.ResultsThe findings show that the protection of health interests in tobacco governance were not supported by the institutional conditions in Fiji and Vanuatu. While the policy processes formally ensured a level playing field between actors, policies were often developed through informal mechanisms, and the safeguards to protect public interests from vested private interests were not implemented adequately. SIDS vulnerabilities and weak regulation of political parties contributed to the politicisation of government in both states, resulting in high-level government officials’ questionable commitment to protect public health interests. The system of checks and balances usually embedded into democratic governments appeared to be muted, and policymakers had limited bureaucratic autonomy to elevate health interests in multisectoral policymaking amidst high-level government officials’ frequent rotation. Finally, capacity constraints aggravated by SIDS vulnerabilities negatively impacted health sector actors' capability to analyse policy alternatives.ConclusionsHealth sector actors in Fiji and Vanuatu were not supported by institutional conditions that could help them protect public health interests in multisectoral governance to regulate CDoH originating from the tobacco industry. Institutional conditions in these states were shaped by SIDS vulnerabilities but could be improved by targeted capacity building, governance and political system strengthening.

Legal Framework Regulating Switching and Disciplining of Members of Political Parties:

Globally, political parties seem to be common vehicle through which general public participates in governmental decision-making. This is influenced by the increased democratization evidenced by many countries’ adoption of multipartyism. Consequently, South Africa’s (SA) and Tanzania’s legal frameworks are not exception. Despite such influence Tanzania in particular, improperly regulate switching and disciplining of members of political parties. Through a human right approach this paper carries out a comparative review of SA and Tanzanian legal frameworks on regulation of switching and disciplining of members of political parties. The qualitative analysis of documents reviewed shows SA has adopted constitutional principles the basis of which regulation of political parties contribute to popular participation and elimination of improper switching and disciplining of members of political parties. Tanzania’s legal framework is informed by SA on; cessation of political party membership while retaining the membership in decisions making organs and disciplining of members of political parties.

REGULATION OF POLITICAL PARTIES IN LEGISLATIVE AND PRESIDENTIAL ELECTIONS IN CONSTITUTIONS IN VARIOUS COUNTRIES

Political parties are organizations that exist as a consequence of a democratic state that is closely related to general elections. Indonesia will hold simultaneous elections in a few years, of course, studies and references are needed that can help perfect the regulation of political parties and elections. The study can be carried out using the constitutional comparison method because most countries regulate the provisions of political parties and elections in the constitution, for example in Indonesia it is regulated in the 1945 Constitution. The purpose of this study is to determine the arrangement of political parties in elections based on the constitution in each country. The results of the research are expected to be used as an academic reference regarding the regulation of political parties and elections in Indonesia. The research method used is normative legal research by utilizing primary and secondary legal materials which are then analyzed qualitatively. The author uses the constitutions of 42 countries in the world. The results of the study show that political parties are still institutions that are trusted as parties that have the right to submit candidates for legislative and presidential candidates in many countries. There are still more countries that give political parties the exclusive right to nominate such candidates than countries that allow independent candidates.

Model of Political Party Financial Regulation in Post-Reformation Indonesia

One of the sine qua non in modern democracies is the existence of political parties. In the context of the Indonesian state administration, the important role of political parties is emphasized through the provision of important functions by amending the 1945 Constitution of the Republic of Indonesia. To carry out the important functions of political parties, access to money is needed, but in politics the role of money must be regulated to prevent the negative impact of money in democracy. This research is a normative legal research, descriptive-prescriptive in nature, focusing on examining primary and secondary legal materials, using a statutory and conceptual approach. Since the beginning of the reformation period in the general elections of 1999, 2004, 2009, and 2019, the financial regulation of political parties in Indonesia has followed a prescription model, which is a regulatory model that issues orders and dictates the sources of revenue for political parties but does not regulate or dictate the use of political party funds. Efforts to maximize political parties' financial arrangements in order to ensure their independence and strengthen the principle of accountability begin by reformulating the regulation of funding sources from the state budget by adopting in-kind assistance, such as advertising prior to the general election to all parties participating in the general election.

Declining memberships and Australia’s political party registration test: Legal doubts and democratic principles

In recent decades, membership of established parties in parliamentary democracies such as Australia has been in marked decline. This has been accompanied by the regulation of political parties, featuring membership tests for the registration of non-parliamentary parties. This article raises questions about both the legality and democratic credentials of the ‘membership testing process’ applied by the Australian Electoral Commission (AEC).

A Brief Review of the History of Reforms to the Legal Regulations of Political Parties in Mexico

This article studies the major reforms in the history of the legal regulation of political parties in Mexico based on the political context in which they took place. The objective is to explain their origin and characteristics. I argue that: 1) The 1946 reform increased requirements for the recognition of political parties; it was passed to prevent the electoral participation of threats to the official party. 2) The 1977 reform loosened requirements for the recognition of political parties; it intended to open the party system to incorporate the extra-institutional opposition. 3) The 1996 reform increased public funding for political parties; it aimed to benefit the PRI in the case of losing the power. 4) The 2007 reform consisting of regulation of intra-party processes was passed to harmonize the constitution with the electoral court’s jurisprudence, establishing procedures and conditions. 5) The 2014 reform —standardization of federal and local legislation on political parties—, intended to transfer the characteristics of the federal electoral process to the states. Finally, 6) the most recent reform proposal, reduction of public funding for political parties, is based on the discredit of these organizations and on the exorbitant amount of money they receive. The study shows that the reforms approved during the era of a hegemonic party system (1946, 1977, and 1996) were aimed at benefiting the official party, while the subsequent reforms reflect a pluralistic context and emerged from the judicial power (2007), the opposition political parties (2014), and the civil society (last reform proposal).

The Legal Regulation of Political Parties in Latin America: Public Funding and Internal Democracy

In this paper I present a comparative analysis of the legal regulation of political parties in Latin America. I study the legislation in force by early-2020 considering two elements: public funding and internal democracy. The results show that all countries in the region grant public funding for political parties, and that in all countries but Brazil the political parties must be internally democratic. Additionally, taking into account characteristics of the regulation not considered in previous studies, this study revealed that in most of the countries there is public funding for parties that must be allocated to political research and training, and that in most of the cases there is a procedure for party members to appeal against the party leaders’ decisions. Finally, I claim that the regulation of parties in the region could improve the parties’ performance as decision makers and straighten the political participation and representation of the citizenship.

НОРМАТИВНОЕ РЕГУЛИРОВАНИЕ ДЕЯТЕЛЬНОСТИ политических партий СОВРЕМЕННОЙ РОССИИ

The basis for the statutory regulation of political parties is the consolidation of relevant norms in the federal laws “On Political Parties”, “On Public Associations”, “On Basic Guarantees of Electoral Rights and the right to participate in a referendum of citizens of the Russian Federation”, “On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation”, “On Elections of the President of the Russian Federation”. Political parties have their own organizational and legal basis, have their own charter, program, leaders, their own goals and objectives, and perform certain functions. One of the goals of any political party is to participate in the political life of society, in solving its issues. One of the tasks of the party is to participate in public administration by representing the population’s interests during elections at various levels. The normative legal acts regulating the activities of political parties are updated and amended in accordance with the realities of the life of society. Amendments to the federal legislation on elections and on political parties have been adopted, and a number of conditions governing the establishment and functioning of political parties and their regional branches in the regional dimension have changed dramatically. The amendments to the federal law “On Political Parties” have changed the conditions for the establishment and operation of political parties, in particular, the minimum number of a political party’s members when it is created has been reduced to 500 members; the approaches to voting have been changed. These changes correspond to the state of the modern political process and are aimed at the development of political institutions, including political parties

On the Issue of Legal Regulation of Internal Organization of Political Parties in Ukraine

Party regulation in Ukraine went through a considerable path of its formation and crystallization. Thus, the right to freedom of association in political parties found its place in the Constitution of Ukraine in 1996, a range of electoral laws defined participation of political parties in elections, and more detailed regulation was provided to the political parties in the Law of Ukraine On Political Parties in Ukraine as of 2001. Considering that almost 20 years have passed since the special law was adopted, this article is an attempt to start a discussion about the current legislation of Ukraine on regulation of the internal organization of political parties. The article provides an analysis of the provisions of the current Law of Ukraine On Political Parties in terms of regulation of the internal structure of political parties. In view of the existing shortcomings of the legal technique, the author urges the need to amend the current legislation in the field of regulation of political parties, in particular in regards the identification of the governing bodies of a political party and mechanisms for monitoring the implementation of the provisions of the statutes of political parties. The article finds that the current definition of the term “political party”, enshrined in the Law of Ukraine On Political Parties, should to be brought in compliance with the provisions of other laws of Ukraine that regulate registration of the parties. In addition, there is a need to identify the governing bodies of political parties in the law in order to ensure transparent and fair implementation of the provisions of the statute of a political party. The article provides for recommendations on improvement of the current party regulation in Ukraine.Manuscript received 22.03.2020

Promoting Constitutional Democracy: Regulating Political Parties in the Central African Republic and Senegal

Constitutions and other legal frameworks are expected to ensure the protection of the fundamental and collective rights of citizens. In this respect, the regulation of political parties is a global phenomenon, which symbolises multi-party democracy, the rule of law and good governance. This article examines the phenomenon of the constitutional and legal regulation of political parties in the Central African Republic (hereafter CAR) and Senegal, two francophone countries with different trajectories and experiences of multi-party democracy. It identifies possible challenges and shortcomings of the regulation of political parties in the two countries, especially in relation to the actual implementation of the existing national frameworks. The article attempts to suggest possible frameworks for an effective implementation of the constitutional and legal rights of political parties, including the constitutionalisation of the enforcement mechanisms, which would undeniably protect the position of political parties in constitutional democracies. In conclusion, the article highlights the role of an independent judiciary in the promotion and protection of the constitutional and legal status of all political parties in the CAR and Senegal.

Book review: Party Rules? Dilemmas of Political Party Regulation in Australia

Book review: Party Rules? Dilemmas of Political Party Regulation in Australia

Party Rules: Dilemmas of Political Party Regulation in Australia

Party Rules: Dilemmas of Political Party Regulation in Australia. Edited by Anika Gauja and Marian Sawer (Canberra: ANU Press, 2017), pp. vii + 215. Nine Figures, 18 Tables. AU$34.99 (pb).

Strongmen of Political Party at Local Level: A Case Study on Fight between Blater and Lora Elites in Partai Amanat Nasional in Malang, Indonesia

The study aims to describe the political party’s local elite in Malang, East Java, Indonesia. Previous researchers found out that there were variation, relation and interaction among political elites at the local level. In Malang, a district of East Java Province, there are some local power of politics in practice namely Blater elite and Lora elite. Blater is a group of local strongmen who has strong collabo- ration with the elite oligarchy at the level local. Both of them have done unfair practice of nepotism in the field of politics to achieve power of Partai Amanat Nasional (PAN) at the local level. On the other hand, Lora elite is a group of local strongmen, working together in synergy with the democratic elite to have access to power of the political party. In short, both of the political elites have been competitive to get the power of PAN. The following are the findings of the research: 1) The existence of political party strongmen shows that the capacity of indi- vidual of the elites has the authority to determine various power context of the political party; 2) In the context of power, the existence of political party strongmen can limit and reduce the implementation of the political party regulation in the internal dynamics of the local inner circle of political party; and 3) Close relations depends upon a symbiotic relationship and the expression of mutual interest between the strongmen blater and the oligarchy so that patron-client relation could take place.

The Concept of the European Political Party

The European Parliament and the Council adopted Regulation (EC) No. 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding only in the end of 2003. Reforming the regulation was on the agenda for several years before the new regulation on party funding was finally adopted in 2014. In this paper I intend to present the new regulation (Regulation No 1141/2014 of 22 October 2014), focusing on selected aspects: the justification for funding and the definition of European political party; next, I shall give an overview and structured analysis of the constitutional issues of the definition of political parties and their funding by the European Union. Since political finances are considered to be basic elements of the fundamental principle of democracy, which is to be achieved on both the national and the supranational level, it is worth comparing the new regulation to the principles and standards established by the Council of Europe on the regulation of political parties.

Justifying the constitutional regulation of political parties: A framework for analysis

What are the main reasons behind the regulation of political parties by contemporary constitutional practices? This article presents a framework for analysis which identifies types of justifications and actors involved in the process of regulation and their further influence on the outcomes of constitutionalisation. The empirical focus is on the revelatory case of Luxembourg, which amended the constitution for the sole reason of giving parties constitutional status. The analysis suggests that the constitutional regulation of political parties depends on their current interests and power status. Additionally, the paper draws attention to the involvement of external actors and to the changing nature of contemporary constitutionalism.

LEGAL INSTITUTIONALIZATION OF POLITICAL PARTIES IN POST-SOVIET RUSSIA

In this article, the authors investigated the stage of formation of party legislation of the Russian Federation, while changing the institutions of civil society. Today the legal norms, regulating activities of political parties, undergo modernization in connection with the intensification of Russian political movements and the intensity of non-systemic opposition. The history of institutionalization confirms the peculiarities of the state policy on regulation of political parties and affects the change in the laws. Modern processes of party development from the beginning of 1990-ies and the present are the consequence of legal experience of Russia in the early XX century. Legal policies goes through the cycle, so the changes in the current laws in Russia is a repeat of past achievements and deficiencies which caused regression and modernization of institute of political parties. Therefore, the author puts forward the thesis that the laws used in concept configuration and institutionalization of parties is the result of a political compromise, which is accompanied by a lack of stable pillars of the power to resist and to maneuver in polarized society. The adoption of the current law on political parties ensured the stabilization of the political process and has a goal to unite centrist and pragmatic movements, regardless of their traditional ideologies.

The Legal Regulation of Political Parties: Is There a Global Normative Standard?

Abstract A global comparison of the laws governing political parties reveals a significant degree of diversity—in the sources from which these laws derive, the specific functions they target, and the extent to which they regulate parties as political organizations and electoral actors. Previous studies have provided accounts of this diversity as the product of institutional arrangements, historical circumstances, and partisan politics, but little research has been done to establish whether international norms and standards play any role. Is there a set of universally accepted principles that govern the regulation of political parties? If not, what are the opposing principles and competing rights that are at play? Although international conventions and other instruments establish a set of basic principles that recognize the qualified right of parties to exist and to contest elections, significant normative disagreements exist surrounding the desirability of parties as electoral actors, qualifications upon ...

The Legal Regulation of Political Parties: Promoting Integrity?

The Legal Regulation of Political Parties: Promoting Integrity?

Peculiarities of legal regulation of political parties participation in regional and municipal elections in Russia and foreign countries

The majority of modern democratic states recognize political parties as a necessary element of implementation of the rule of the people (democracy). Therefore, they should be provided with the opportunity to be represented in elected bodies of the government. The theory and practice of representative democracy are inexhaustible sources for researchers, as well as the historical process of continuous search for new forms of the most harmonious coexistence of the state and law, the citizen (their associations) and the government. Political parties are independent from the state. Political parties activity work within the territory of the whole country. Any political party is founded to assert power in a legitimate way by means of elections. Both in Russia and in other countries political parties are key participants of electoral legal relations. The main tendency of the contemporary Russian electoral legislature is the expansion of the foundations of participation of political parties in the elections held not only at the federal level, but also at regional and municipal levels. The real proof of the increasing role of political parties in the electoral process is the growing number of elections held on the basis of the distribution of seats between party lists in proportion to the number of votes cast. The federal legislation reform carried out in 2012 became the basis of this process. The experience of application of foreign laws offering a variety of forms of legal regulation of regional branches and structures of political parties has evolved. In addition to the general guidelines in the sphere of elections and generally accepted unified election standards, each state finds its own distinctive way to ensure democratic, legitimate elections. The article addresses controversial issues of the electoral process, legal regulation of political parties and their branches, etc

The relationship between political parties and their regulators

Political parties are in a unique situation, being able to change electoral rules and regulations to minimise any potential negative effects on their electoral prospects. Attempts to influence regulators, however, can be complex and include voicing concerns, public pressure and the regulatory capture of electoral regulators. Little is known about this relationship between parties and their regulators. This article focuses on this crucial electoral relationship through a study of political parties’ relations with the UK Electoral Commission. The first section addresses the background to the legal regulation of political parties. The second section proposes a framework through which parties’ reactions to regulation may be understood. The third part introduces the British case, providing evidence to demonstrate the broad utility of the framework. The final section analyses the issues that parties have raised with their regulators.