Legal Regulation and the Juridification of Party Governance

Nicole Bolleyer, Anika Gauja, Patricia Correa

Research output: Contribution to journalArticlepeer-review

Abstract

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.
Original languageEnglish
Pages (from-to)117-138
Number of pages22
JournalJournal of Comparative Politics
Volume53
Issue number1
DOIs
Publication statusPublished - 22 Apr 2020

Bibliographical note

©2020 The Graduate Center, CUNY

Keywords

  • Conflict regulation
  • Organizational governance
  • Party law
  • Party regulation
  • Statutes

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