The Functionalist Path towards a Constraining Legal Environment for Organized Civil Society
The UK represents the ‘functionalist path’ towards a constraining legal environment for voluntary organizations and contrasts strikingly with the Swedish scenario. Its long-term evolution has been characterized by the adoption of highly specific and constraining legislation by now applicable to charities, interest groups, and political parties, echoing broader tendencies associated with statutory legislation in common-law systems. Taking the democratic system’s long-term stability for granted, constraining legislation was adopted often with limited considerations of the possibly intrusive effects on civil society actors and without seeing the need to actively support voluntary organizations through a broader provision of direct state benefits.