New York University Public Law and Legal Theory Working Papers



Document Type



The Oxford Handbook of Comparative Constitutional Law, p. 529, Michel Rosenfeld and Andras Sajo, eds., Oxford Handbooks, July 2012


This chapter provides a comparative perspective on the legal and policy issues surrounding the democratic process, particularly the issues that have come before courts. Over the last generation, we have witnessed what I have elsewhere called "the constitutionalization of democratic politics." This work surveys the ways different democratic systems and their courts have addressed three dimensions of structuring democracy and elections: (1) participation issues, including voter identification laws; citizenship and residency; felon and ex-felon status; mental capacity; and age; (2) political party issues, including the legitimacy of restrictions on certain kinds of parties; and (3) campaign finance issues. The chapter is a contribution to the Oxford Handbook of Comparative Constitutional Law.

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Comparative Constitutional Law, Democracy, Elections, Voting, Campaign Finance, Political Parties