TY - JOUR
T1 - Legal Regulation and the Juridification of Party Governance
AU - Bolleyer, Nicole
AU - Gauja, Anika
AU - Correa, Patricia
N1 - ©2020 The Graduate Center, CUNY
PY - 2020/4/22
Y1 - 2020/4/22
N2 - Although democratic states increasingly regulate political parties, we know little about how legal environments shape parties’ internal lives. This article conceptualizes and measures the “juridification” of party organizations’ conflict regulation regimes: that is, the extent to which parties replicate external legal standards (e.g. norms of due process) within their own procedures. Formulating hypotheses on juridification within different parties and legal environments, we examine intra-party juridification across four democracies with most different party law provisions. While party juridification varies—reflecting parties’ ideological differences—in contexts where organizational governance remains unregulated, once intra-organizational governance is subject to statutory constraints, parties emulate legal norms embedded in the state legal system, transcending what is legally required, which has important repercussions for how the law shapes civil society organizations generally.
AB - Although democratic states increasingly regulate political parties, we know little about how legal environments shape parties’ internal lives. This article conceptualizes and measures the “juridification” of party organizations’ conflict regulation regimes: that is, the extent to which parties replicate external legal standards (e.g. norms of due process) within their own procedures. Formulating hypotheses on juridification within different parties and legal environments, we examine intra-party juridification across four democracies with most different party law provisions. While party juridification varies—reflecting parties’ ideological differences—in contexts where organizational governance remains unregulated, once intra-organizational governance is subject to statutory constraints, parties emulate legal norms embedded in the state legal system, transcending what is legally required, which has important repercussions for how the law shapes civil society organizations generally.
KW - Conflict regulation
KW - Organizational governance
KW - Party law
KW - Party regulation
KW - Statutes
UR - https://www.ingentaconnect.com/contentone/cuny/cp/pre-prints/content-jcpo_53105_1?crawler=true&mimetype=application/pdf
UR - http://www.scopus.com/inward/record.url?scp=85093667238&partnerID=8YFLogxK
U2 - 10.5129/001041520X15858647604599
DO - 10.5129/001041520X15858647604599
M3 - Article
VL - 53
SP - 117
EP - 138
JO - Journal of Comparative Politics
JF - Journal of Comparative Politics
IS - 1
ER -