Workshop proposal. Prepared for the International Conference Political Legitimacy and the Paradox of Regulation

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1 Workshop proposal Prepared for the International Conference Political Legitimacy and the Paradox of Regulation Workshop team: Ingrid van Biezen (Chair) Fernando Casal Bértoa, Fransje Molenaar, Daniela Romée Piccio, Ekaterina Rashkova (workshop organizers) Workshop title: Contested legitimacy: Paradoxes in the legal regulation of political parties Abstract: The centrality of political parties for modern representative democracies has long been underlined in the political science literature (Schattschneider s, 1942; Sartori s, 1968). Despite apparent signs of increasing problems with democratic legitimacy, political parties continue to be regarded as the crucial and inevitable intermediary organizations between the citizens and the state. The growing recognition of the centrality of political parties has also been recognized by European legislators and policy-makers. Indeed, the large majority of national constitutions now incorporate explicit references to political parties and the democratic functions they (ought to) perform, while at the same time a growing number of countries have started to adopted specific party laws and party finance laws aimed to regulate the political parties internal and external organizational activities, as well as matters related to their financial management (van Biezen 2012). The increasing legal regulation of political parties is related both theoretically and empirically with the concept of political legitimacy, if only because the introduction of rules on political parties is often portrayed by both national legislators and supra-national policy advisors as a way to restore public confidence in political parties and re-establish their legitimacy within the political system. The goal of this workshop is to evaluate this relationship between party regulation and democratic legitimacy, in order to provide both conceptual clarity and insights in the causes, effects, and implications of the legal regulation of political parties in modern democracy. Outline of the topic The centrality of political parties for modern representative democracies has long been underlined in the political science literature, as is attested by often-cited assertion such as Schattschneider s (1942), that modern democracy is unthinkable save in terms of the parties, or Sartori s (1968) affirmation that political parties are the key institutional channels of political representation in modern democracies. Despite apparent signs of increasing problems with democratic legitimacy, political parties continue to be regarded as the crucial and inevitable intermediary organizations between the citizens and the state. The growing recognition of the centrality of political parties has also been recognized by European legislators and policy-makers. Indeed, the large majority of national

2 constitutions now incorporate explicit references to political parties and the democratic functions they (ought to) perform, while at the same time a growing number of countries have started to adopted specific party laws and party finance laws aimed to regulate the political parties internal and external organizational activities, as well as matters related to their financial management (van Biezen 2012). The increasing legal regulation of political parties is related both theoretically and empirically with the concept of political legitimacy, if only because the introduction of rules on political parties is often portrayed by both national legislators and supranational policy advisors as a way to restore public confidence in political parties and re-establish their legitimacy within the political system. The goal of this workshop is to evaluate this relationship between party regulation and democratic legitimacy, in order to provide both conceptual clarity and insights in the causes, effects, and implications of the legal regulation of political parties in modern democracy Relation to the conference theme In order to come to a complete understanding of the relationship between legitimacy and the legal regulation of political parties both empirically and theoretically this workshop applies a multidimensional perspective to legitimacy. Such a perspective, as advanced by Beetham (1991), looks at legitimacy from the point of view of a regime s legal validity, its justifiability, and the legitimation of a regime through the expressed consent of its subjects. This perspective allows for the identification of three different themes, and possible paradoxes, which will constitute the focus of this workshop. Legality of parties: Legality can be seen as one of the central dimensions of legitimacy, meaning that through formal legal design political actors are able to institutionalize agreements over access to positions of power. Through legal regulation, existing power relationships thus gain legal validity. From this perspective, the legal regulation of political parties is a way in which existing practices can be legitimized. The inherent paradox in regulating political parties with a view to increase their legality lies in the fact that the subject and object of regulation are the identical, in that legislator who establishes rules upon the activities and behaviour of political parties, thus potentially restricting their freedom of manoeuvre but also granting them substantial privileges, are effectively the political parties themselves. This generates the potential of cartelizing and even monopolizing practices aimed at sustaining an established status quo and limiting the possibilities to change. Justifiability of parties: The legal regulation of political parties reflects shared beliefs about the role parties (should) play in a political system. Legal regulation in this sense is best equated with the justifiability of parties and as such reflects the supporting beliefs that underpin the legitimacy of political parties. As a consequence of the growing constitutionalization and regulation of political parties through public law, the parties themselves are transformed into semi-state agencies or public utilities (Katz & Mair 1995; van Biezen 2004). This infringes upon their traditional private associational character and has the potential of weakening their own internal organizational autonomy (Bartolini and Mair 2001; Katz 2002), thereby raising the both normative and empirical question of what role parties play in modern democracies.

3 Legitimation of parties: The legal regulation of political parties may be a response to the delegitimization of political parties in the eyes of society at large, and the consequent public withdrawal and popular disengagement with conventional party politics. In order to restore the eroding legitimacy of political parties it is often argued that they should be made subject to a system of control on their behaviour, most noticeably on the transparency of their finances and their internal democratic conduct. Although party regulation appears to be adopted increasingly as a tool for the strengthening of democratic legitimacy of political systems, the question is if, and to what extent, it has the capacity to promote greater public trust in political parties. As it is society at large that legitimizes parties through its expressed consent, it remains unclear how effective unilateral and top-down measures to increase the legitimacy of parties can be. Whether the increasing party regulation has helped the legitimacy of political parties and of the political systems in which they operate is hence a question that is open to debate and which bears in itself a number of intrinsic paradoxes. Despite the growing trend towards increased party regulation in Europe, this phenomenon has thus far received relatively little systematic scholarly attention. The theme of our workshop offers the opportunity to extend previous research by adding comparative and interdisciplinary dimensions that have been lacking in the study of party regulation so far. Participants are invited to elaborate on one or more of the three key themes. Suggested paper topics include, but are not limited to, the question how countries differ with respect to the regulation of political parties in their constitutions or public laws, and what such codifications mean for the role of political parties in modern democracy; the effects of party regulation the ability of political actors to form new parties, on the stability of the party system and the established parties, the prevention of political corruption; the stimulation of party membership and internal democracy or the effect of public law on political accountability (the so-called Reins of Freedom). Papers may also focus on the question what party regulation implies for the nature of parties as private or public organizations, as well as capacity of party regulation more generally to enhance the legitimacy of the parties and the political system. Inter-disciplinary approach Given the multi-disciplinary nature of our workshop subject, entrenched in the fields of political science, law, history and political philosophy, and given the variety of topics that the theme of party regulation and political legitimacy touch upon (political corruption, accountability, responsiveness, political representation, institutional development, legislative outcomes, satisfaction with democracy, etc.), we expect to gather participants from a variety of disciplines. Our initial discussion of this workshop with colleagues suggests widespread international interest in participation. Type of papers Interested participants are invited to submit empirical (either comparative or case study) or theoretical papers, from a variety of approaches. We would also welcome papers that address issue of party regulation from different normative perspectives. Biographical note (workshop team) Workshop Chair:

4 - Ingrid van Biezen is professor of Comparative Politics at Leiden University. Her research interests lie primarily in the field of comparative politics, political parties and party systems, and democratization and institutional development. She is currently directing a large-scale research project Re-conceptualizing Party Democracy, which is funded by the European Research Council. Workshop Organizers: - Fernando Casal Bértoa is a Post-Doctoral Fellow on the Reconceptualizing Party Democracy project. He studied Law and Political Science at the University of Pamplona and the University of Salamanca, respectively. After specializing in Eastern and Central European Studies (Jagiellonian University), he obtained his PhD at the European University Institute (Florence). His main interests lie in political parties and party systems in new democracies. - Fransje Molenaar is a PhD Candidate at the Institute of Political Science at Leiden University. She studied Political Science at Leiden University and Latin American Studies and the University of Amsterdam. Her PhD project is entitled Reforming the rules of the game: The development of party law in post-transitional Latin America. It focuses on the institutionalization of democracy through the regulation of political parties in the Latin American region. - Daniela Romée Piccio is a Research Associate on the Reconceptualizing Party Democracy project. She obtained her PhD at the European University Institute (Florence). She previously obtained an MA in Political Science at Leiden University and a BA at the Università degli Studi Roma Tre in Rome. Her main interests lie in political representation, political parties, social movements, democratic theory, and party regulation. - Ekaterina Rashkova is a Post-Doctoral Fellow for the Reconceptualizing Party Democracy project. She holds a Bachelor in Economics and a Masters in Political Economy and Public Policy from Washington University in St. Louis. She received her PhD in 2010 at the University of Pittsburgh, which was distinguished in 2011 with the Best Dissertation prize written by a CEE national from the UniCredit and Universities Foundation in Milan (Italy). Her interests lie mainly in the field of party regulation and party system development, ethnic parties, and women representation, with a special interest in the regions of Eastern Europe and the Middle East. Selected bibliography Bartolini, S. and P. Mair (2001). Challenges to Contemporary Political Parties. In L. Diamond and R. Gunther (ed.) Political Parties and Democracy. Baltimore, MD: Johns Hopkins University Press, pp Beetham, David. (1991). The Legitimation of Power. Basingstoke: Macmillan. Biezen, van I. (2004). Political Parties as Public Utilities, Party Politics, v. 10, n. 6, pp Biezen, van I. (2008). State Intervention in Party Politics: The Public Funding and Regulation of Political Parties, European Review, v. 16, n. 3, pp Biezen, van I. (2012). Constitutionalizing Party Democracy; The Constitutive Codification of Political Parties in Post-war Europe, British Journal of Political Science, 42: Blechinger, V. (2002). Corruption and Political Parties. Available at: oliticalparties.doc.

5 Katz, Richard S. (2002). The Internal Life of Parties, in Kurt Richard Luther and Ferdinand Müller-Rommel (eds) Political Challenges in the New Europe: Political and Analytical Challenges. Oxford: Oxford University Press, pp Katz, Richard S. and P. Mair (1995). Changing Models of Party Organization and Party Democracy. The Emergence of the Cartel Party, Party Politics, v. 1, n. 1, pp Sartori, G. (1968) (1990). The Sociology of Parties: A Critical Review. In P. Mair (ed.) The West European Party System. Oxford: Oxford University Press, pp Schattschneider, E.E. (1942). Party Government. New York: Farrar and Rinehart, Inc. Whiteley, P.F. (2011). Is the Party Over? The Decline of Party Activism and Membership across the Democratic World, Party Politics, v. 17, n. 1, pp

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