While numerous books and articles examine various aspects either of democratic theory or of specific topics in election law, there is no comprehensive book that provides a detailed and scholarly discussion of the political and democratic theory underpinnings of election law. Election Law and Democratic Theory fills this important gap, as author David Schultz offers a scholarly analysis of the political principles and democratic values underlying election law and the regulation of political campaigns and participants in the United States. The book provides the first full-length examination of the political theories that form the basis for many of the current debates in election law that structure both Supreme Court and scholarly considerations of topics ranging from campaign finance reform, voting rights, reapportionment, and ballot access to the rights of political parties, the media, and other players in the system. It challenges much of the current debate in election law and argues for more discussion and development of a democratic political theory to support and guide election law jurisprudence.
Contents: Introduction: why theory?; Theory: the missing piece in election law scholarship and adjudication; Democratic theory and American politics; Voting rights; Minority rights and the failure of direct democracy; Representation and reapportionment; Political parties; Money, politics, and campaign financing; Conclusion: toward a democratic theory of election law; Index.
About the Author: David Schultz is a professor in the Hamline University Department of Political Science, where he teaches classes in public administration and state and local government. He also holds an appointment at the University of Minnesota Law School, where he teaches election law, state constitutional law, and legal ethics.
Reviews: ‘Election law has become a crowded field, but its central position as an application of democratic theory has gotten sparse attention. David Schultz’ s book-length treatment is therefore welcome. His charting of the territory will be helpful to legal scholars and to both theoretical and empirical political scientists.’Daniel Lowenstein, University of California, Los Angeles, USA‘Until now I know of no comprehensive book that provides a comparable scholarly discussion of the political and democratic theory underpinnings of election law. David Schultz’s Election Law and Democratic Theory fills this important gap, and provides an eminently readable analysis of the political principles and democratic values underlying election law and the regulation of political campaigns and participants in the United States. This is an important and much needed book.’Trevor Potter, Caplin & Drysdale, Washington, DC, USA and former FEC Commissioner and Chairman‘Has election law lost its way? In Election Law and Democratic Theory, Professor David Schultz persuasively argues that it has. He urges us to think more rigorously about the values underlying disputes over election rules, including those which have come before the Supreme Court in recent years. This book is both ambitious and accessible, a rare combination. It has the potential to reshape the field of election law, by inspiring a deeper engagement with democratic theory on the part of those of us who study and practice it.’ Daniel Tokaji, The Ohio State University, USA
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