Party Funding and Campaign Financing in International Perspective (Columbia London Law Series)

This volume deals with questions of political party funding and campaign financing, issues which arouse controversy in many parts of the world. How are the central actors in the political arena supposed to gather the funds necessary to operate effectively on behalf of their chosen political ends? And, how may they spend money in furtherance of their political objectives? This book explores these issues in the specific context of a number of national settings. The studies presented here show that financing questions cannot be addressed independent of the constitutional conventions of the country, the nature of the political parties in the country, and the means of access to publication and the media in any given nation. It may be one matter in the US, where the political parties do not have a mass institutional base, to restrict contributions from any particular source to a few thousand dollars, or even to prohibit union contributions to political parties altogether. But in a country with a Labor Party built upon the union structure, that same rule would be an invitation to state assault upon a central political actor. Similarly, the high role of constitutional oversight in the United States and Canada yields surprisingly divergent results in terms of whether contributions or expenditures may be curtailed. The national studies in this volume reveal a rich diversity in the approach to regulation in Australia, Canada, the European Union, Japan, New Zealand, Quebec, the United Kingdom, and the United States. Half Title Page 1 Half Title verso 2 Title Page 3 Title verso 4 Introduction to the Columbia-London Law Series 5 Preface 7 Table of Contents 9 List of Contributors 11 1. Introduction 13 The Core Dilemmas 13 Laissez Faire and Transparency 14 Supply Side and Demand Side Options 15 Public or Private Funding? 16 Shaping Regulatory Choices 18 The Importance of Supervision and Enforcement 19 The Regulatory Trajectory 20 Conclusion 22 Part I: 'Light Touch' Regulation and its Discontents 23 2. The Regulation of Campaign Funding in New Zealand: Practices, Problems and Prospects for Change 25 Introduction 25 New Zealand’s System of Government and Campaign Funding Regulation 27 Problems with New Zealand’s System of Campaign Funding Regulation—and Proposed Solutions 37 Part II: 'Big Bang' Regulation of a Private Funding Regime 45 3. Expenditure, Donations and Public Funding under the United Kingdom's Political Parties, Elections and Referendums Act 2000 - And Beyond? 47 Introduction 47 The Case for Reform 48 Pressure Points and PPERA 54 Conclusion 66 4. The Disclosure of Political Donations in Britain 69 Introduction 69 The Road from Secrecy to Transparency 70 Reporting and Disclosure: The New Statutory Regime 71 ‘Sleaze’: The Continuing Problem of Political Donations 74 The Labour Party’s Response 78 Donation Trends: The Labour Party 81 Donation Trends: Opposition Parties 83 Conclusion 86 5. Access to the Airwaves and Equality: The Case against Political Advertising on the Broadcast Media 89 Introduction 89 Political Advertising and Article 10 91 Political Ends and Objects 93 Do Political Advertisements Generate an Advantage? 98 Why the Broadcast Media? 101 Political Advertising as a Check on Inequality 103 The Future of Political Broadcasting 107 Conclusion 108 Part III: From State Regulation to State Funding 109 6. Political Finance Law in Australia 111 The Spectre of Money Politics 111 The Current Legal Regime 114 Reform Debates 121 Conclusion—The Limits of Regulation 128 7. Revisiting Transparency and Disclosure in Japanese Political Reform 135 Introduction 135 The History of Legal Control of Political Funding and Election Finance in Japan 137 The Current Regulatory System of Political Finance: An Evaluation of the Political Reform of 1994 145 Conclusions: Revisiting Transparency and Disclosure 161 8. Financing Parties at the Grass-Roots Level: The Québec Experience 165 Origins and Contents of the Québec System for Regulating Party Funding and Election Finance 165 How Well the Current Regulatory System is Working 174 Possible Solutions 188 Part IV: Regulation and Judicial Review 193 9. Throwing in the Towel: The Constitutional Morass of Campaign Finance 195 Rights, Deference and Process 197 Conclusion 202 10. Soft Money, Congress and the Supreme Court 203 Introduction 203 The Rise of Soft Money 204 BCRA’s Restrictions on Political Party Soft Money 206 McConnell and Soft Money 207 McConnell and the Expansion of the Idea of‘ Corruption’ 212 Conclusion 219 11. The Law of American Party Finance 225 Where We are and How We Got Here: The Law of American Party Finance 226 Who and What is the Party 237 Does Campaign Finance Reform Weaken American Political Parties and How Would We Know? 244 Conclusion 250 Part V: Regulation and Judicial Review: Divergent Paths 253 12. The Supreme Court of Canada's Political Theory and the Constitutionality of the Political Finance Regime 255 Introduction 255 A Primer on Charter Doctrine and its Application to the Democratic Process 257 The Supreme Court of Canada’s Political Theory 260 The Egalitarian Model and the Constitutionality of Public Funding and the Political Broadcasting Regime 265 Conclusion: The Egalitarian Model and Competition 278 13. Elections, Democracy and Free Speech: More at Stake than an Unfettered Right to Advertise 281 Regulating Election Costs 283 Constitutional Challenges to Regulating Independent Expenditures 284 Judicial Treatment of Restrictionson Independent Expenditures 288 Conclusion 299 Part VI: Starting from Scratch 303 14. Developing Political Parties in the European Union: Towards a European Party Statute? 305 Introduction 305 The Evolution of the Euro-Parties in the Post-Maastricht Era 307 The Initiative to Develop the Legal Basis for a European Party Statute 310 The 2003 Regulation on European Political Parties: Negotiation, Adoption and Implementation 317 The Implementation of Regulation 2004/2003 324 Conclusions: Pathways and Crossroads 329 Index 333 Half Title Page......Page 1 Half Title verso......Page 2 Title Page......Page 3 Title verso......Page 4 Introduction to the Columbia-London Law Series......Page 5 Preface......Page 7 Table of Contents......Page 9 List of Contributors......Page 11 The Core Dilemmas......Page 13 Laissez Faire and Transparency......Page 14 Supply Side and Demand Side Options......Page 15 Public or Private Funding?......Page 16 Shaping Regulatory Choices......Page 18 The Importance of Supervision and Enforcement......Page 19 The Regulatory Trajectory......Page 20 Conclusion......Page 22 Part I: 'Light Touch' Regulation and its Discontents......Page 23 Introduction......Page 25 New Zealand’s System of Government and Campaign Funding Regulation......Page 27 Problems with New Zealand’s System of Campaign Funding Regulation—and Proposed Solutions......Page 37 Part II: 'Big Bang' Regulation of a Private Funding Regime......Page 45 Introduction......Page 47 The Case for Reform......Page 48 Pressure Points and PPERA......Page 54 Conclusion......Page 66 Introduction......Page 69 The Road from Secrecy to Transparency......Page 70 Reporting and Disclosure: The New Statutory Regime......Page 71 ‘Sleaze’: The Continuing Problem of Political Donations......Page 74 The Labour Party’s Response......Page 78 Donation Trends: The Labour Party......Page 81 Donation Trends: Opposition Parties......Page 83 Conclusion......Page 86 Introduction......Page 89 Political Advertising and Article 10......Page 91 Political Ends and Objects......Page 93 Do Political Advertisements Generate an Advantage?......Page 98 Why the Broadcast Media?......Page 101 Political Advertising as a Check on Inequality......Page 103 The Future of Political Broadcasting......Page 107 Conclusion......Page 108 Part III: From State Regulation to State Funding......Page 109 The Spectre of Money Politics......Page 111 The Current Legal Regime......Page 114 Reform Debates......Page 121 Conclusion—The Limits of Regulation......Page 128 Introduction......Page 135 The History of Legal Control of Political Funding and Election Finance in Japan......Page 137 The Current Regulatory System of Political Finance: An Evaluation of the Political Reform of 1994......Page 145 Conclusions: Revisiting Transparency and Disclosure......Page 161 Origins and Contents of the Québec System for Regulating Party Funding and Election Finance......Page 165 How Well the Current Regulatory System is Working......Page 174 Possible Solutions......Page 188 Part IV: Regulation and Judicial Review......Page 193 9. Throwing in the Towel: The Constitutional Morass of Campaign Finance......Page 195 Rights, Deference and Process......Page 197 Conclusion......Page 202 Introduction......Page 203 The Rise of Soft Money......Page 204 BCRA’s Restrictions on Political Party Soft Money......Page 206 McConnell and Soft Money......Page 207 McConnell and the Expansion of the Idea of‘ Corruption’......Page 212 Conclusion......Page 219 11. The Law of American Party Finance......Page 225 Where We are and How We Got Here: The Law of American Party Finance......Page 226 Who and What is the Party......Page 237 Does Campaign Finance Reform Weaken American Political Parties and How Would We Know?......Page 244 Conclusion......Page 250 Part V: Regulation and Judicial Review: Divergent Paths......Page 253 Introduction......Page 255 A Primer on Charter Doctrine and its Application to the Democratic Process......Page 257 The Supreme Court of Canada’s Political Theory......Page 260 The Egalitarian Model and the Constitutionality of Public Funding and the Political Broadcasting Regime......Page 265 Conclusion: The Egalitarian Model and Competition......Page 278 13. Elections, Democracy and Free Speech: More at Stake than an Unfettered Right to Advertise......Page 281 Regulating Election Costs......Page 283 Constitutional Challenges to Regulating Independent Expenditures......Page 284 Judicial Treatment of Restrictionson Independent Expenditures......Page 288 Conclusion......Page 299 Part VI: Starting from Scratch......Page 303 Introduction......Page 305 The Evolution of the Euro-Parties in the Post-Maastricht Era......Page 307 The Initiative to Develop the Legal Basis for a European Party Statute......Page 310 The 2003 Regulation on European Political Parties: Negotiation, Adoption and Implementation......Page 317 The Implementation of Regulation 2004/2003......Page 324 Conclusions: Pathways and Crossroads......Page 329 Index......Page 333 Elections Are By Their Nature A Difficult Undertaking. Partisans Must Be Mobilised, Ideas Communicated, Materials Distributed, And Often Across Ample Territories Under Terrible Contraints Of Time. Much Political Theory Addresses The Forms Of Democratic Selection. We Can Learn Much About Presidential And Parliamentary Systems, Or The Tension Between Direct And Representative Democracy, Or The Conflicting Virtues Of Proportional And Districted Or Geographical Systems Of Representation. The Regulation Of Campaign Funding In New Zealand : Practices, Problems, And Prospects For Change / Andrew Geddis -- Expenditure, Donations, And Public Funding Under The United Kingdom's Political Parties, Elections And Referendums Act 2000 -- And Beyond? / Navraj Singh Ghaleigh -- The Disclosure Of Political Donations In Britain / K D Ewing -- Access To The Airwaves And Equality : The Case Against Political Advertising On The Broadcast Media / Jacob Rowbottom -- Political Finance Law In Australia / Graeme Orr -- Revisiting Transparency And Disclosure In Japanese Political Reform / Akiko Ejima -- Financing Parties At The Grass-roots Level : The Québec Experience / Louis Massicotte -- Throwing In The Towel : The Constitutional Morass Of Campaign Finance / Samuel Issacharoff -- Soft Money, Congress, And The Supreme Court / Richard Briffault -- The Law Of American Party Finance / Nathaniel Persily -- The Supreme Court Of Canada's Political Theory And The Constitutionality Of The Political Finance Regime / Colin Feasby -- Elections, Democracy, And Free Speech : More At Stake Than An Unfettered Right To Advertise / Janet L. Hiebert -- Developing Political Parties In The European Union : Towards A European Party Statute? / Stephen Day And Jo Shaw. Edited By K.d. Ewing And Samuel Issacharoff. This Volume Emerges From A Workshop Held In July 2002 At The Institute For Advanced Legal Studies (ials) In The University Of London--pref. Includes Bibliographical References And Index. This volume deals with questions of political party funding and campaign financing, issues which arouse controversy in many parts of the world. How are the central actors in the political arena supposed to gather the funds necessary to operate effectively on behalf of their chosen political ends? And, how may they spend money in furtherance of their political objectives? The aim of this volume, the first in a new series of Columbia University/London University collaborative projects, is to explore these issues in the specific context of a number of national settings.The studies presented here show that financing questions cannot be addressed independent of the constitutional conventions of the country, the nature of the political parties in the country, and the means of access to publication and the media in any given nation. The national studies in this volume reveal a rich diversity in the approach to regulation in Australia, Canada, the European Union, Japan, New Zealand, Quebec, the United Kingdom and the United States. The topicality of the issues considered is reflected in the fact that since the book was first mooted there have been major decisions of the US Supreme Court and the Supreme Court of Canada, as well as an investigation and report by the Electoral Commission in the United Kingdom, all of which have a direct bearing on the legal and policy issues discussed in this book.