Constitutional Law: Elections: Party Primaries: Committees of Political Parties as State Agencies

1932 ◽  
Vol 21 (1) ◽  
pp. 62
Author(s):  
J. D. C.
2008 ◽  
Vol 16 (3) ◽  
pp. 355-371 ◽  
Author(s):  
Petr Kopecký ◽  
Gerardo Scherlis

Party patronage is generally associated with social, economic and political underdevelopment, and is hence seen as largely irrelevant in the context of contemporary European politics. In this article, we argue to the contrary, proposing that patronage reappears on the stage of European politics as a critical organizational and governmental resource employed by political parties to enhance their standing as semi-state agencies of government. In order to illustrate our main contention, we first define party patronage, disentangling it from other notions of political particularism that are often used synonymously in the literature. Second, we provide a brief overview of the literature on the past and present of patronage practices in Europe, arguing that rather than declining, patronage is still likely to be a relevant feature of contemporary party politics in Europe. Finally, we analyse the role of party patronage in the light of recent developments in several European countries, identifying three distinct patterns of patronage practices in the region.


2021 ◽  
Author(s):  
Malaika Jores

Since 2017, Germany’s Basic Law has allowed anti-constitutional parties to be excluded from state party funding. Such exclusion from funding is at odds with the right to equal political opportunities, which derives from the principle of democracy. This thesis examines whether such exclusion from funding is permissible under German constitutional law. In particular, it takes account of the principle of democracy—guaranteed by the ‘eternity clause’—and the concept of ‘militant democracy’. The thesis also considers the issue in question from a European law perspective and, in addition to conducting a legal analysis, examines whether distorting the competition among political parties is justifiable with respect to democratic theory.


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.


2015 ◽  
Vol 13 (1) ◽  
Author(s):  
Dadin Eka Saputra

Abstract: It is stated in the fourth amendment of 1945 constitution in Article24 C (1) that the Constitutional Court have the power to have final decision/judgment at first and last level to examine Law toward Constitution, to decidethe dispute of authority of state institutions granted by the Constitution, thedissolution of political parties, and the dispute as the results of the elections.Around this time, there are a lot of the problems, especially in the interpretationof the authority given to the Constitutional Court by the Constitution inorder to examine the Law against the Constitution, if it is associated with LawNo. 12 of 2011 on the Establishment of Regulatory of Law, article 7 (1)which states that the type and hierarchy of legislation consists of: a) Constitutionof Republic of Indonesia of 1945; b) Decree of the People’s ConsultativeAssembly; c) Laws/Government Regulation substitute of Law; d)Government Regulation; e) Presidential Decree; f) Provincial Regulation; andg) Regulation of City/District. Therefore, deep analysis study about interpretationof Laws and Government Regulation of substituting law in terms oftheories of Constitutional Law is required.


1935 ◽  
Vol 29 (2) ◽  
pp. 225-246 ◽  
Author(s):  
Alden L. Powell

The rule that the national government may not burden the governmental agencies of the states by taxation is generally familiar to students of constitutional law. An interesting phase of the development of this doctrine is found in judicial and administrative rulings on the immunity of state agencies under the national stamp-tax laws.The Early History of the Stamp Tax as Applied to State Judicial Documents. Stamps had been used as a means of securing revenue for nearly two centuries when such a method of taxation was suggested for the United States in 1797. The stamp tax originated in Holland in 1624, when, during a time of “dire necessity,” the States-General offered a reward to anyone who would invent a new kind of tax, and someone proposed “the requiring of stamps on documents and writings having a legal operation or forming necessary steps in suits in the law courts.” In 1694, England adopted this method of raising revenue. Congress first resorted to the stamp tax on legal instruments in acts of 1797 and 1813.


Author(s):  

En esta encuesta un grupo de Catedráticos de Derecho Constitucional responden a preguntas relativas al control del poder, como idea esencial del Estado constitucional, y a los problemas que actualmente presenta nuestro Estado constitucional para asegurar ese control del ejercicio del poder, y que están relacionados con el sistema de partidos, el régimen jurídico de los partidos y su actuación en el Estado.In this Academic Survey some Constitutional Law Professors answer questions about legal control of power, as central feature of the Constitutional State, and about the problems that nowadays face our Constitutional State in order to guarantee this legal control and that refers to political parties system, political parties regulation, and action of political parties.


2018 ◽  
Vol III (IV) ◽  
pp. 367-379
Author(s):  
Arshad Khan Bangash ◽  
Muhammad Farid ◽  
Fariha Bibi

The study titled “political factors and sectarian identities in tribal areas of Pakistan” was carried out in tribal district Kurram under positivistic tools of the data collection. A sample size of 300 respondents was randomly selected with equal proportion of Shia and Sunni from the study universe and questionnaire was used as a tool of data collection. The data was portrayed at uni-variate level with the help of frequency and percentage distribution. The association between dependent (sectarianism) and independent (political factors) variables was ascertained through Chi-Square test statistics at bivaraite level of analysis. The study concluded that alongside the local people, state agencies are either involved in sectarianism or they are unable to handle the situations. Soviet-US proxy war and United States invasion in Afghanistan accelerate the occurrences of sectarian violence in the area that became most horrible after Pakistan entrance into US coalition in war against terrorism. The local militants are enjoying external patronage for carrying anti-state operations in the area. Previously, political activities were banned in tribal areas that not only affect the conventional politics but also restrict the intervention of nationalist political forces in the region. Further, mainstream political parties are taking less interest to resolve the issue, while some political parties also ideologically supporting sect-based politics. Strict ban on militant groups, formation of strict laws for preventing militancy, and keeping open eyes on external transitions in the area were forwarded some of the recommendations.


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