The Legal Status of American Political Parties, II

1940 ◽  
Vol 34 (4) ◽  
pp. 685-699
Author(s):  
Joseph R. Starr

Political parties that cannot meet the requirements set up by statute for participation in the direct primary, or for the holding of legal conventions, are authorized in most states to choose their candidates by an alternative method. The statutory provisions on this matter vary widely. Some states follow a liberal policy, making it relatively easy for small parties to get a place on the ballot with their candidates' names identified by the party name or emblem. A few states follow a different policy, and make it difficult for small parties to put forward their candidates and allow no distinction upon the ballot between independent candidates and the candidates of small parties.The forty-eight states may be divided into several classes as respects their statutory provisions for the nomination of candidates by new political parties and small parties which cannot meet the statutory definition of a political party:1. States prescribing no minimum size for a political party to participate in the favored method of nomination, whether convention or direct primary—six states. In these states, new and small parties are in the most favored position. In the matter of nominating candidates and gaining a place on the general election ballot, they are accorded equal treatment with parties of long standing and substantial size.

2021 ◽  
Vol 6 (7) ◽  
pp. 37-43
Author(s):  
Ikhtiyor Bekov ◽  

This article is devoted to the issues of constitutional and legal regulation of the legal status of factions of political parties in the parliament. In the article, the constitutional and legal basis of the activity of factions of political parties in the Republic of Uzbekistan has been studied based on comparison with national and foreign experience and its specific features have been revealed. The scientific works of national and foreign researchers on the stages of formation and development of the legal basis of the activity of factions of political parties in the Republic were been analyzed


Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas

This chapter considers the relevant provisions of Art. 21 of the Grundgesetz (GG) with regard to political parties. Art. 21 GG does not define the term ‘political party’ and provides only a description of its function, which is ‘to participate in the formation of the political will of the people’. There are two conceptions of political party in the literature: the model of the ‘party state’ and the model of ‘party competition’. Political parties display the elements described in both models. The chapter first examines the Federal Constitutional Court's jurisprudence concerning the definition of ‘party’ before discussing the constitutional freedom to found and organise parties, prohibition of parties, competition between political parties and equality of opportunity among parties, and party financing (private financing and state financing).


POLITEA ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 35
Author(s):  
Umi Qodarsasi ◽  
Abdul Ghofur

<p class="06IsiAbstrak">Islam is not limited to  religion that only talks about God. Islam has a comprehensive concept in all aspects of life, one of the aspect is politics (siyasa) that discusses the concept of the state, the exercise of power, who deserves to exercise power, how much power they can have, and the characteristics and objectives of Islamic politics itself. Political party is a superstructure in a political system that carries out several strategic functions, including political socialization, political recruitment, political articulation and aggregation of interests. Political party also has an important position in the policy making process. This paper aims to analyze how the dynamics of Islamic politics in Indonesia in the middle of multicultural society by carrying out its function as an articulator and aggregator of interests.</p>


Author(s):  
Teoría y Realidad Constitucional

In this academic survey a group of Constitutional Law Professors answer questions about the constitutional and legal regulation of political parties in a democratic system: about their function in a democratic system, their legal status, the internal organization and functioning of the political party —if it is democratic and how can it be more democratic—, about the way to elect the candidates, the funding and the finance and funding control, and, finally, about the equal opportunities clause.En esta encuesta un grupo de Catedráticos de Derecho constitucional contestan a preguntas relativas al régimen constitucional y legal de los partidos políticos en un Estado democrático: en concreto sobre sus fines y funciones en el Estado democrático, su naturaleza jurídica, la exigencia de que su organización interna y funcionamiento sean democráticos y el modo de cumplir esta exigencia, sobre el sistema de elección de los candidatos, sobre la financiación y el control financiero de los partidos, y, finalmente, sobre el principio de la igualdad de oportunidades entre partidos.


2020 ◽  
Vol 9 (30) ◽  
pp. 32-39
Author(s):  
Dmytro Rozumeiko ◽  
Krystyna Zhebrovska ◽  
Lina Sushcha ◽  
Yuliia Kylymnyk

The article examines the influence of political parties as an association of citizens on the emergence of civil society and the development of the state. The object of the study is to determine the political and legal significance of political parties as subjects of relations and their influence on the development of civil society and the state. The following methodological principles and methods were used as a basis for the study: the principle of historicism; the principle of systematicity; logical-theoretical method; structural and functional methods help to determine the nature of the influence of parties on the development of civil society; sociological methods (information analysis method, observation method). The purpose of this article is to determine the influence of political parties on the emergence of civil society and the state. It is stated that multiparty characterization is a characteristic of a democratic society, which is characterized by the institutionalized pluralism of political interests and where it is a practical realization of the basic political freedoms of citizens. The definition of the party, in addition to purely theoretical, has a practical character. After all, the presence in a particular organization of the features of the "party" depends on its respective legal status, its rights and obligations, a special functional position in the state mechanism. The authors conclude that the main institutional form of citizens' associations, which ensures the formation of their political will, as well as the expression of political will of different social groups in state bodies, are political parties, which is enshrined in the Constitution, laws and other normative - legal acts.


Author(s):  
Piero Ignazi

Chapter 2 expands the analysis of the acceptance of parties by signalling the distinction between theoretical speculation and party politics ‘on the ground’. After the ideological and practical acceptance of parties in late eighteenth-century Britain, parties found their first operation on the ground in revolutionary France and the United States. Particular attention is devoted to the events of the French revolution where the Jacobin clubs set up, albeit for a very short period, the first ever nationwide, organized political party. In the nineteenth century the appearance of political parties was still regarded with suspicion and caution, and they were not yet fully endorsed even by liberal thinkers. The idea of partition and division was still held back by the advocacy of unity and uniformity. By the end of the nineteenth century parties had been ideologically tamed by the rise of the holist dominant value of the nation (France) and state (Germany, and to a lesser extent Italy).


Author(s):  
Valérie Pattyn ◽  
Steven Van Hecke ◽  
Pauline Pirlot ◽  
Benoît Rihoux ◽  
Marleen Brans

Belgium, like Italy, is often considered a text book example of partitocracy. The dominance of political parties involves many functions and dysfunctions in a polity that is highly fragmented along linguistic and ideological lines. Political parties not only assert their institutional position as gate keepers to what demands and interests are aggregated for legislative and executive politics. They also play a dominant role in the policy-making process, by framing problems, ideologically promoting solutions, and negotiating compromises in the cumbersome formation and continuation of coalition government. Like other actors who play a role in the policy-making process, political party organisations too are faced with the increasing complexity of problems, and with the demand to back up their proposals with expert-based argumentation. In Belgium, each party organisation comprises a study service. Although their origin and history has been documented in general party organisation studies, this chapter is the first contribution to understanding the way these intra-party study units are organized and how they generate policy relevant advice. Findings concern all major political parties, across the language border.


2005 ◽  
pp. 395-403
Author(s):  
Uros Suvakovic

Social sciences should always aim to reach the highest possible level of exactness, as much as they can when one has in mind their topic of research. In the case of research about political parties, we believe that it is possible - with relatively exract indicators - to establish their successfulness and quantify it by using two measuring instruments: the ten-member graphic scale of successfulness of political parties and the index of successfulness of political parties. Political parties are political organizations of ideological-political like(similar)-minded persons who create associations lasting relatively long period of time to promote specific programme standpoints with the basic goal to win, that is stay in power or participate in power. Through power, they realize and confirm the interests, values and goals of those social groups which they tend to represent, as a rule trying to present these interests, values and goals as general, that is as global as possible. This definition of the notion of political party clearly indicates that its basic goal is winning, that is staying or at least participating in power. Therefore, to measure the successfulness of political parties means to determine the degree a party succeeded in realizing that basic goal of any party. Since the political power is implemented through the parliament and the government is a product of the power relations in it, one could assume that successful political parties are only those which have a parliamentary status. How much one of them would be successful depends on the position it can ensure for itself in a concrete constellation of political relations. Among the successful ones the least successful is the political party which has a parliamentary status but it is in the opposition and not leading this opposition - so it has no influence on the government (the position 6 on the scale); the most successful party is the one which has enough power to form the government alone (position 10). From the standpoint of any party - winning, staying or participating in power, the nonparliamentary parties are unsuccessful political parties. Amnog them, the most unsuccessful is the party which just satisfied the conditions for registration, whose leaders meet twice a year and which formed at least 5 local leadership bodies (the position 1 on the scale); the least unsuccessful political party is the party which won more than 3% of the votes of those who voted at the parliamentary elections, but is below the census proposed for entering the parliament or which managed to nominate at least 10% of the total number of the candidates for the representatives in the assemblies of the local communities at the municipal rank (position 5). While calculating the index of successfulness, each party is given a number of points for every year - these points reflect the position of that party on the scale of successfulness for that year (for example, the party X has the position 5 in 1993 and it gets 5 points). Since the index of successfulness is calculated for the period of 10 years, the sum of points acquired for these 10 years is divided by the number 10 to get the index of successfulness of political parties.


2021 ◽  
Vol 27 (6) ◽  
pp. 58-62
Author(s):  
N. Zimina ◽  

The basis of the political analysis of political parties is the observance of the relevant norms regulating the activities of the party, the formation of their goals and objectives. 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 interests of the population during the elections of various levels. The legislative field regulating political parties is constantly being updated; laws are being amended in accordance with the realities of society’s life. The adopted amendments to the federal legislation on elections and on political parties have radically changed a number of conditions regulating the procedure for the creation and functioning of political parties, setting their goals and defining tasks. Today, approaches to the formation and activity of political organizations, including parties, have been largely changed, for example, the procedure for creating a political party has been changed, now only 500 members are needed when creating it; 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. The definition of the goals and objectives of the party is within the competence of its statutory documents and is reflected in the party’s program. In general, the setting of the goals and objectives of the party determines its main areas of activity and its essence


Author(s):  
Sergey P. Koval’ ◽  
Mikhail Yu. Tsvetkov

This article analyses the aspects of the development of Russian legislation regulating the mechanism of parties 'participation in elections, the procedure for the creation of political parties, changes in the legal status of an electoral association, the prospects for the use of majority and proportional electoral systems, as well as the system of guarantees established following the results of parties' participation in elections. The author substantiates the idea that the improvement of the electoral legislation of the Russian Federation is to find the optimal type of electoral system, which provides an effective mechanism for the implementation of the people's representation at the federal, regional and municipal levels. The authors conclude that the development of new provisions in the field of electoral law on the assessment of the powers of political parties as the main collective participants in the electoral process, the definition of the scope and content of the rights of electoral associations to participate in specific actions and procedures will contribute to further democratisation and improvement of the electoral process.


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