Routledge Handbook of Election Law PDF
Preview Routledge Handbook of Election Law
ROUTLEDGE HANDBOOK OF ELECTION LAW 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. David Schultz is Hamline University Distinguished Professor in the departments of Political Science, Legal Studies, and Environmental Studies, and a Professor of Law at the University of Minnesota. Jurij Toplak is Professor of Law and Head of Department at the University of Maribor, the Executive Vice-President of the Alma Mater Europaea, Slovenia, and a recurring visiting professor at Fordham University School of Law. He is a member of the European Academy of Sciences and Arts. ROUTLEDGE HANDBOOK OF ELECTION LAW Edited by David Schultz and Jurij Toplak Cover image: rrmf13 First published 2023 by Routledge 4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2023 selection and editorial matter, David Schultz and Jurij Toplak; individual chapters, the contributors The right of David Schultz and Jurij Toplak to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Names: Schultz, David A. (David Andrew), 1958-editor. | Toplak, Jurij, editor. Title: Routledge handbook of election law/edited by David Schultz and Jurij Toplak. Description: Abingdon, Oxon; New York, NY: Routledge, 2022. | Includes bibliographical references and index. | Identifiers: LCCN 2021060997 | ISBN 9781138393363 (hardcover) | ISBN 9781032183053 (paperback) | ISBN 9780429401800 (ebook) Subjects: LCSH: Election law. Classification: LCC K3293 .R68 2022 | DDC 342/.07–dc23/eng/ 20220429 LC record available at https://lccn.loc.gov/2021060997 ISBN: 978-1-138-39336-3 (hbk) ISBN: 978-1-032-18305-3 (pbk) ISBN: 978-0-429-40180-0 (ebk) DOI: 10.4324/9780429401800 Typeset in Bembo by Deanta Global Publishing Services, Chennai, India To Jerry Pomper, a great scholar of elections. David Schultz To Živana. You encourage and inspire me. I can work, because you take care of everything else. Jurij Toplak CONTENTS List of Tables x List of Figures xi List of Contributors xii Acknowledgements xv 1 Introduction 1 David Schultz and Jurij Toplak 2 Democratic Theory and Election Law 5 David Schultz 3 Representative Government and Elections 18 Mark E. Rush 4 Voting Rights and Limitations 32 Djordje Gardašević and Jurij Toplak 5 Electoral Management 46 Toby S. James and Holly Ann Garnett 6 Electronic Voting 60 Robert Krimmer and Jordi Barrat i Esteve 7 Election Law in Advanced Democracies 73 Steven J. Mulroy 8 Challenges in Electoral Integrity 87 Pippa Norris vii Contents 9 Elections as Rituals 101 Graeme Orr 10 International Election Observation and Standards 112 Alexander Shlyk 11 Election Observation: Using Law and International Standards – A Practitioner’s Perspective 124 Hannah Roberts 12 Election Disputes, Complaints, and Appeals 136 Bob Watt 13 Role of Money in Campaigns and Elections 147 Emily Schnurr 14 Political Finance 160 Barbara Jouan Stonestreet 15 Gender Quotas in Politics 174 Drude Dahlerup and Lenita Freidenvall 16 Election Participation of Persons with Disabilities 187 Enira Bronitskaya 17 Personalization of Elections: In Search of the Sound Conception 199 Klemen Jaklič and Maša Setnikar 18 European Court of Human Rights and the Election Law 212 Jurij Toplak 19 Post-Election Disputes in Europe 221 Mathieu Leloup 20 The Election Law in Latvia, Estonia, and Lithuania 235 Inese Druviete and Ēriks Kristians Selga 21 Election Law in Turkey 247 Ali Çarkoğlu 22 Election Law in Latin America 257 Daniela Urosa viii Contents 23 Contested Elections in Africa: The Roles of Courts in Electoral Processes 269 Ugochukwu Ezeh 24 Election Law in India 288 M. V. Rajeev Gowda and Varun Santhosh 25 Election Law in Malaysia 306 Mohd Azizuddin Mohd Sani 26 Legal Reforms for Electoral Integrity in Pakistan 319 Hassan Nasir Mirbahar 27 Deep Election Law in South Korea 334 Erik Johan Mobrand Index 345 ix
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