POLITICAL PARTIES AND DEMOCRACY IN THEORETICAL AND PRACTICAL PERSPECTIVES ADOPTING PARTY LAW KENNETH JANDA NATIONAL DEMOCRATIC INSTITUTE FOR INTERNATIONAL AFFAIRS POLITICAL PARTIES AND DEMOCRACY IN THEORETICAL AND PRACTICAL PERSPECTIVES ADOPTING PARTY LAW KENNETH JANDA NATIONAL DEMOCRATIC INSTITUTE FOR INTERNATIONAL AFFAIRS The National Democratic Institute for International Affairs (NDI) is a nonprofit organization working to strengthen and expand democracy worldwide. Calling on a global network of volunteer experts, NDI provides practical assistance to civic and political leaders advancing democratic values, practices, and institutions. NDI works with democrats in every region of the world to build political and civic organizations, safeguard elections, and promote citizen participation, openness, and accountability in government. Copyright © National Democratic Institute for International Affairs (NDI) 2005. All rights reserved. Portions of this work may be reproduced and/or translated for noncommercial purposes provided NDI is acknowledged as the source of the material and is sent copies of any translation. Printed in the United States of America. 2030 M Street, NW Fifth Floor Washington, DC 20036 Telephone: 202-728-5500 Fax: 202-728-5520 Website: www.ndi.org This publication was made possible through the support provided by the Office of Democracy and Governance, Bureau for Democracy, Conflict and Humanitarian Assistance, U.S. Agency for International Development, under the terms of Award No. DGC-A-00-01-00004-00. The opinions expressed herein are those of the author and do not necessarily reflect the views of the U.S. Agency for International Development or the National Democratic Institute for International Affairs (NDI). TABLE OF CONTENTS PREFACE . .1 ABOUT THE AUTHOR . .2 ADOPTING PARTY LAW . .3 WHAT IS “PARTY LAW”? . .3 Electoral, Campaign, and Political Finance Laws . .4 Relationships among the Four Bodies of Law . .5 Constitutions as a Source of Party Law . .5 A WORLDWIDE SURVEY OF PARTY LAW . .6 PARTY LAW AND PARTY POLITICS . .6 MODELS OF REGULATION AND EXAMPLES OF PARTY LAW . .8 The Proscription Model . .8 The Permission Model . .9 The Promotion Model . .10 The Protection Model . .12 The Prescription Model . .14 CONTEXTUAL FACTORS AND KEY ISSUES IN PARTY LAW . .19 Civil Prerequisites: Is the Country Ready for Party Law? . .19 The Level of the Law: Starting at the Top? . .20 Type of Party: To Aggregate or Articulate Interests? . .20 Parties and Presidents: Are They Incompatible? . .21 Type of Government: Parliamentary or Presidential? . .21 Political Parties and Democracy: Inter or Intra? . .23 CONCLUSION . .23 APPENDIX: DATABASE OF PARTY LAWS . .25 POLITICAL PARTIES AND DEMOCRACY IN THEORETICAL AND PRACTICAL PERSPECTIVES Adopting Party Law Dr. Kenneth Janda, Northwestern University Political Finance Policy, Parties, and Democratic Development Dr. Michael Johnston, Colgate University Developments in Party Communications Dr. Pippa Norris, John F. Kennedy School of Government, Harvard University Implementing Intra-Party Democracy Dr. Susan Scarrow, University of Houston Project Manager: Victoria Canavor Project Support: Hannah Arnold Consultant: Dr. Denise Baer Editor: Dr. John Gould Design and Layout: Stephanie Levy NDI would like to thank those who kindly served as informal advisors to the Political Parties and Democracy in Theoretical and Practical Perspectives series: Dr. Russell Dalton, Director of the Center for the Study of Democracy at the University of California, Irvine; Dr. David Farrell, Jean Monnet Chair in European Politics at the University of Manchester; Dr. Michael Gallagher, Associate Professor of Political Science at Trinity College, Dublin; Dr. Kay Lawson, Professor Emerita at San Francisco State University; and Dr. Paul Webb, Professor of Politics at the University of Sussex, Brighton. Additional contributions to the series were made by Scott Bates, Center for National Policy; John Bruton, Fine Gael, Ireland; Dr. Dieter Dettke, Friedrich Ebert Foundation; Matyas Eörsi MP, Alliance of Free Democrats (SZDSZ), Hungary; Thomas Melia, Freedom House; Annemie Neyts MEP, Flemish Liberal Party (VLD), Belgium; Dr. Norbert Wagner, Konrad Adenauer Foundation; and Tony Worthington, Labour Party, United Kingdom. For more information on NDI’s political party programs or to obtain electronic copies of the Political Parties and Democracy in Theoretical and Practical Perspectives series, please visit http://www.ndi.org/globalp/polparties/polparties.asp. PREFACE A democracy needs strong and sustainable political parties the practical considerations of which parties may need to be with the capacity to represent citizens and provide policy aware. The papers also encourage greater exploration of the choices that demonstrate their ability to govern for the public many excellent resources, articles, and books cited by the good. With an increasing disconnect between citizens and authors. their elected leaders, a decline in political activism, and a It is hoped that the Political Parties and Democracy in growing sophistication of anti-democratic forces, democratic Theoretical and Practical Perspectives series will help readers political parties are continually challenged. gain a better understanding of each topic and, in particular, For more than 20 years, the National Democratic Institute the complexities of the issues addressed. This paper, (NDI) has worked with political parties around the world “Adopting Party Law,” provides cautions leaders should heed to create more open political environments in which citizens and outlines a number of questions to consider in devising can actively participate in the democratic process. As a party law. political party institute, NDI approaches its work from a The series is an experiment in blending theoretical practical viewpoint, offering assistance to promote parties’ knowledge, empirical research, and practical experience. long-term organizational development, enhance their NDI invited four eminent scholars to write the papers and competitiveness in local and national elections, and help engaged a range of people—including party leaders, them participate constructively in government. This support democracy practitioners, NDI staff members, and other takes many forms, from interactive training and guided noted academics—in every stage of the process, from practice to consultations and tailored resources that help developing the initial terms of reference to reviewing outlines parties become more open and representative organizations. and drafts. NDI is indebted to a large number of people In 2004, NDI began producing a series of research papers who helped bring this series to fruition, particularly the that examine four topics central to the role and function of authors who took part in a cumbersome, collaborative political parties. Two of the papers, “Adopting Party Law” process and graciously accepted feedback and guidance, and and “Political Finance Policy, Parties, and Democratic the project’s consultant, Dr. Denise Baer. Special appreciation Development,” discuss regulatory mechanisms that directly is due to NDI Senior Program Officer Victoria Canavor, impact parties, while the other two, “Implementing Intra- who managed the project from its inception. Party Democracy” and “Developments in Party NDI gratefully acknowledges the support of the U.S. Communications,” relate to parties’ internal governance and Agency for International Development (USAID), which organization. Together, these papers aim to provide provided funding for this project. comparative information on elements of party politics and to shed light on different methods and their associated Kenneth Wollack Ivan Doherty causes and effects. They also examine some of the President Senior Associate, Director of Political implications of a political party’s action or strategy in each Party Programs area. These papers do not offer theories on party organization or instant solutions for addressing the issues explored. Rather, they consider obstacles to, and possible approaches for, creating more effective and inclusive political parties. They flag potential pitfalls and bumps along the way, and illustrate Adopting Party Law 1 ABOUT THE AUTHOR Kenneth Janda is the Payson S. Wild Professor Emeritus at Northwestern University. He has been co-editor of the international journal Party Politics since 1995, and in 2000 he won the Samuel J. Eldersveld Career Achievement Award from the American Political Science Association (APSA) for his research on political parties. In 2005, he was co-winner of the Best Instructional Software Award from the APSA, an award he also received in 1992. Dr. Janda’s books include Political Parties: A Cross National Survey (1980) and, with co-author Robert Harmel, Parties and Their Environments: Limits to Reform? (1982). His co-authored American government textbook, The Challenge of Democracy, is used in hundreds of colleges across the nation and has been translated into Czech, Georgian, Hungarian, Korean, and Russian. Dr. Janda received his Ph.D. from Indiana University. 2 Political Parties and Democracy in Theoretical and Practical Perspectives ADOPTING PARTY LAW Emerging democracies face a quandary in devising party WHAT IS “PARTY LAW”? law: deciding how much governmental authority should be used in regulating parties while parties themselves are The term “party law” has different meanings to different meanwhile expected to provide the agendas for citizens to people, even among party scholars.