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The Supreme Court has been at the center of great upheavals in American democracy across the last seventy years. From the end of Jim Crow to the rise of wealth-dominated national campaigns, the Court has battled over if democracy is an egalitarian collaboration to serve the good of all citizens, or a competitive struggle by private interests. In The Law of Freedom, Jacob Eisler questions why the Court has the moral authority to shape democracy at all. Analyzing leading cases through the lens of philosophy and social science, Eisler demonstrates how the soul of election law is a battle between two philosophical understandings of democratic freedom and popular self-rule. This remarkable book reveals that the Court's battle over democracy has shaped how Americans rule themselves, marking election law as the most dramatic judicial intervention in constitutional history.
This chapter examines the link between election fraud and British Muslim populations. It begins with a brief history of electoral fraud from the earliest times to draw out the recurring challenges and past attempts to meet them. This is followed by an overview of the workings of modern election fraud encompassing systemic vulnerabilities, opportunities and mechanisms as well as the attendant statistical difficulties. This sets the phenomenon in context and explains the nature of its association with South Asian Muslims. The chapter proceeds with a theoretical discussion of the ways in which election fraud can be interpreted and addressed through law. It notes that a liberal individualistic approach can justify strong safeguards against individual wrongdoing but struggles to account for the collective dimensions of elections, while multiculturalism pays greater heed to the importance of groups but suffers from an indiscriminate understanding of the various types. The chapter concludes with a pluralist response which systematises the individual and group elements of the democratic process before developing an historically informed programme for practical reform.
State legislatures are tasked with drawing state and federal districts and administering election law, among many other responsibilities. Yet state legislatures are themselves gerrymandered. This book examines how, why, and with what consequences, drawing on an original dataset of ninety-five state legislative maps from before and after 2011 redistricting. Identifying the institutional, political, and geographic determinants of gerrymandering, the authors find that Republican gerrymandering increased dramatically after the 2011 redistricting and bias was most extreme in states with racial segregation where Republicans drew the maps. This bias has had long-term consequences. For instance, states with the most extreme Republican gerrymandering were more likely to pass laws that restricted voting rights and undermined public health, and they were less likely to respond to COVID-19. The authors examine the implications for American democracy and for the balance of power between federal and state government; they also offer empirically grounded recommendations for reform.
The Republic of Korea (ROK) was designed as a Cold War democracy. It started as an electoral regime with formal commitments to democratic values, but institutions designed to keep the state secure also imposed limits on domestic political struggle. From the ROK’s founding in 1948 to the political liberalization of 1987, the political system shifted between orders that might be labeled more democratic or more autocratic. A legal framework for governing party and electoral politics emerged in the country’s first fifteen years. This framework includes rights and restrictions related to formation of parties, conditions for disbanding parties, stipulations concerning party organization and activities, laws on monitoring elections, and detailed rules on election campaigns. Elections thus came with an elaborate legal structure, even as rulers – to varying degrees – deployed extra-constitutional and extralegal measures for dealing with opponents. Why were such laws developed and did they matter? What was their fate after the democratic transition? These questions point to broader themes related to authoritarian legality. Can an authoritarian regime make a commitment to rules governing electoral and party politics? Why would it make such a commitment? And why would it revoke one? What happens to that legal framework after a democratic transition?In this chapter I examine the various tools that have been used to govern the political sphere from the country’s establishment to the present. I trace the construction of the legal framework and weigh the significance of this framework versus other tools for governing parties and elections in different time periods. My main theme is a striking continuity in the legal framework guiding party and electoral politics. In particular, I point to the way legal innovations that reached their final form in 1963 under Park Chung Hee became the basis for governance of post-1987 democracy. Given the illiberal purpose of the framework, this continuity stands in sharp contrast to the liberalism that pervades many sectors of contemporary South Korean society. Through the South Korean example, this chapter points to ways that structures associated with authoritarian legality may persist beyond the political conditions in which they were created.
What had prevented the KMT regime from stealing more elections during its heydays and facilitate Taiwan’s transition to democracy under the long-existing voting rules? Whereas the existing literature on electoral authoritarianism, democratization, and electoral malpractice views the integrity of election administration in authoritarian states mainly as a function of what the authoritarian rulers do regime-wise, this chapter looks into the rise and fall of vote rigging in Taiwan and argues that two underappreciated voting arrangements – on-site ballot counting and poll worker selection – make much difference to the development of election administration integrity in Taiwan. The ritualized on-site ballot-counting procedure not only empowers vigilant voters to monitor elections, but also encourages a culture that respects the sanctity of votes. And it certainly helps that the polling stations are staffed with conscientious public servants rather than those who answer only to the authoritarian party-state. In this light, the case of Taiwan highlights the roles of institutional design, cultural norms, and street-level bureaucrats in taming and transforming an authoritarian regime with the rule of law.
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