Private association and public brand: the dualistic conception of political parties in the common law world

Orr, Graeme (2014) Private association and public brand: the dualistic conception of political parties in the common law world. Critical Review of International Social and Political Philosophy, 17 3: 332-349. doi:10.1080/13698230.2014.886384


Author Orr, Graeme
Title Private association and public brand: the dualistic conception of political parties in the common law world
Journal name Critical Review of International Social and Political Philosophy   Check publisher's open access policy
ISSN 1369-8230
1743-8772
Publication date 2014
Year available 2014
Sub-type Article (original research)
DOI 10.1080/13698230.2014.886384
Open Access Status
Volume 17
Issue 3
Start page 332
End page 349
Total pages 18
Place of publication Abingdon, Oxon, United Kingdom
Publisher Routledge
Collection year 2015
Language eng
Formatted abstract
This paper examines the legal conception of political parties. It does so by unearthing the history and ontology of the common law relating to political parties in international perspective. The flexibility of the unincorporated association, in which parties are understood through the private law of contract as networks of internal rules or agreements, rather than as legal entities, has proven to be a mask. In the common law’s imagination, the ideal party is a ground-up organization animated by its membership. But the law mandates no such thing, and in its statutory and constitutional conception intra-party democracy may be sublimated as parties need be no more than an electoral persona or brand.
Keyword Comparative regulation of political parties
Legal status of political parties
Common law of politics
Intra-party democracy
Membership-based political parties
Political parties as brands
Freedom of association
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2015 Collection
TC Beirne School of Law Publications
 
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Created: Tue, 18 Mar 2014, 09:46:06 EST by Carmen Buttery on behalf of T.C. Beirne School of Law