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The legal regulation of internal party democracy - a study of South Africa and Germany

This paper attempts to expand the knowledge on these issues and therefore seeks to get a deeper understanding on the legal regulation of internal party democracy, which is widely considered as one of the most controversial topics concerning party regulation. This will be done by carrying out a case...

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Main Author: Maier, Benjamin Gerhard
Other Authors: Calland, Richard
Format: Thesis
Language:English
Published: Department of Public Law 2015
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access_status_str Open Access
author Maier, Benjamin Gerhard
author2 Calland, Richard
author_browse Calland, Richard
Maier, Benjamin Gerhard
author_facet Calland, Richard
Maier, Benjamin Gerhard
author_sort Maier, Benjamin Gerhard
collection Thesis
description This paper attempts to expand the knowledge on these issues and therefore seeks to get a deeper understanding on the legal regulation of internal party democracy, which is widely considered as one of the most controversial topics concerning party regulation. This will be done by carrying out a case study of two constitutional democracies that handle party regulation differently. Germany, known as 'heart land of party law', constitutes the example of a state in which the internal organisation and functioning of political parties is regulated by both the Basic Law (the German Constitution) and federal laws. South Africa will be provided as the contrast example of a state that lacks express provisions that regulate the internal organisation and functioning of political parties. This paper does therefore not seek to conduct a 'classical' comparative study as the legal framework of two countries will be examined which deal in different ways with internal party democracy. However, this research approach promises to create a more holistic - even though certainly not complete - image of the challenges of the legal regulation of internal party democracy.
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institution University of Cape Town (South Africa)
language eng
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2015
publishDateRange 2015
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publisher Department of Public Law
publisherStr Department of Public Law
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spelling oai:open.uct.ac.za:11427/15206 The legal regulation of internal party democracy - a study of South Africa and Germany Maier, Benjamin Gerhard Calland, Richard Constitutional and Administrative Law This paper attempts to expand the knowledge on these issues and therefore seeks to get a deeper understanding on the legal regulation of internal party democracy, which is widely considered as one of the most controversial topics concerning party regulation. This will be done by carrying out a case study of two constitutional democracies that handle party regulation differently. Germany, known as 'heart land of party law', constitutes the example of a state in which the internal organisation and functioning of political parties is regulated by both the Basic Law (the German Constitution) and federal laws. South Africa will be provided as the contrast example of a state that lacks express provisions that regulate the internal organisation and functioning of political parties. This paper does therefore not seek to conduct a 'classical' comparative study as the legal framework of two countries will be examined which deal in different ways with internal party democracy. However, this research approach promises to create a more holistic - even though certainly not complete - image of the challenges of the legal regulation of internal party democracy. 2015-11-21T09:39:28Z 2015-11-21T09:39:28Z 2015 Master Thesis Masters LLM http://hdl.handle.net/11427/15206 eng application/pdf Department of Public Law Faculty of Law University of Cape Town
spellingShingle Constitutional and Administrative Law
Maier, Benjamin Gerhard
The legal regulation of internal party democracy - a study of South Africa and Germany
thesis_degree_str Master's
title The legal regulation of internal party democracy - a study of South Africa and Germany
title_full The legal regulation of internal party democracy - a study of South Africa and Germany
title_fullStr The legal regulation of internal party democracy - a study of South Africa and Germany
title_full_unstemmed The legal regulation of internal party democracy - a study of South Africa and Germany
title_short The legal regulation of internal party democracy - a study of South Africa and Germany
title_sort legal regulation of internal party democracy a study of south africa and germany
topic Constitutional and Administrative Law
url http://hdl.handle.net/11427/15206
work_keys_str_mv AT maierbenjamingerhard thelegalregulationofinternalpartydemocracyastudyofsouthafricaandgermany
AT maierbenjamingerhard legalregulationofinternalpartydemocracyastudyofsouthafricaandgermany