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SSRN Electronic Journal
Article . 2009 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.4337/978184...
Part of book or chapter of book . 2010 . Peer-reviewed
Data sources: Crossref
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Democracy and Electoral Processes

Authors: Samuel Issacharoff; Laura Miller;

Democracy and Electoral Processes

Abstract

As the law governing the political arena transitioned from first-order participation concerns to the integrity of the democratic process itself, legal scholarship looked in part to political science and public choice theory for guidance in structuring the oversight of the political process. This chapter provides a survey of the developments in the public choice literature on electoral processes and describes how those insights have been incorporated into the law of democracy. After providing a brief review of the public choice literature in this area as background, this chapter traces the emergence of a distinct approach in law, one drawing more from Joseph Schumpeter and public choice models of political competition, than from classic constructs of equal protection. The issues of campaign finance, gerrymandering, and the role of political parties provide case studies in how legal scholarship has adopted institutional approaches to politics. Finally, emerging areas in this field of law are described, particularly as concerns the institutional dimensions of the political process. This chapter will be included in an edited volume on Public Choice and Public Law, edited by Dan Farber and Anne Joseph O'Connell and published by Edward Elgar.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
2
Average
Average
Average
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