The state and civil society : regulating interest groups, parties, and public benefit organizations in contemporary democracies
Title: The state and civil society : regulating interest groups, parties, and public benefit organizations in contemporary democracies
Author: BOLLEYER, Nicole
Publisher: Oxford University Press
Citation: Oxford : Oxford University Press, 2018
State regulation of civil society is expanding yet widely contested, often portrayed as illegitimate intrusion. Despite ongoing debates about the nature of state-voluntary relations in various disciplines, we know surprisingly little about why long-lived democracies adopt more or less constraining legal approaches in this sphere, in which state intervention is generally considered contentious. Drawing on insights from political science, sociology, comparative law as well as public administration research, this book addresses this important question, conceptually, theoretically, and empirically. It addresses the conceptual and methodological challenges related to developing systematic, comparative insights into the nature of complex legal environments affecting voluntary membership organizations, when simultaneously covering a wide range of democracies and the regulation applicable to different types of voluntary organizations. Proposing the analytical tools to tackle those challenges, it studies in-depth the intertwining and overlapping legal environments of political parties, interest groups, and public benefit organizations across 19 long-lived democracies. After presenting an innovative interdisciplinary theoretical framework theorizing democratic states' legal disposition towards, or their disinclination against, regulating voluntary membership organizations in a constraining or permissive fashion, this framework is empirically tested. Applying Qualitative Comparative Analysis (QCA), the comparative analysis identifies three main 'paths' accounting for the relative constraints in the legal environments democracies have created for organized civil society, defined by different configurations of political systems' democratic history, their legal family, and voluntary sector traditions. Providing the foundation for a mixed-methods design, three ideal-typical representatives of each path - Sweden, the UK, and France - are selected for the in-depth study of these legal environments' long-term evolution, to capture reform dynamics and their drivers that have shaped group and party regulation over many decades.
Table of Contents:
--Part I: Why and How to Study Legal Regulation of Organized Civil Society Comparatively; --1: The Legal Regulation of Organized Civil Society: A Comparative Study; --THE STATE AND ORGANIZED CIVIL SOCIETY: AN INCREASINGLY CLOSE BUT STILL CONTESTED RELATIONSHIP; --STUDYING THE LEGAL REGULATION OF PARTIES, INTEREST GROUPS, AND PUBLIC BENEFIT ORGANIZATIONS The Substantive Advantages of an Encompassing Approach to Civil Society RegulationWhy to Focus on the Legal Regulation of Interest Groups, Parties, and Public Benefit Organizations; --Analytical Advantages of a Cross-Organizational Perspective on Civil Society Regulation; --STRUCTURE OF THIS STUDY; 2: Studying Legal Regulation of Organized Civil Society Cross-Nationally: Analytical Tools and Empirical Strategy; --COMPARING VOLUNTARY ORGANIZATIONS' LEGAL ENVIRONMENTS: BASIC CONCEPTS; --Regulatory Constraints and Privileges; --Legal Inclusiveness and Legal Complexity MAPPING ORGANIZATION-CENTRED REGULATION ACROSS JURISDICTIONS: AN ANALYTICAL FRAMEWORKDistinguishing Parties, Interest Groups, and Public Benefit Organizations as the 'Targets' of Legal Regulation; --Developmental Stages in an Organization's Life Cycle and How They Are Regulated: Formation, Operation, and Dissolution; --THE EMPIRICAL ANALYSIS OF ORGANIZATION-CENTRED REGULATION; Country Selection; --Challenges Resulting from Terminological Discrepancies and Differences in Legal Inclusiveness; --Challenges Resulting from Legal Complexity: Assuring Equivalence of the Legal Form(s) Analysed MEASURING REGULATORY CONSTRAINTS IN THE FORMATION, OPERATION, AND DISSOLUTION STAGESTHE NATURE OF LEGAL ENVIRONMENTS AND IMPLICATIONS FOR ORGANIZATIONAL ADAPTATION AND CONVERGENCE; --CONCLUSION; --APPENDIX A2; Legal Forms Assessed in the Nineteen Democracies Covered; --Part II: How Parties, Interest Groups, and Public Benefit Organizations are Regulated; --3: The Legal Regulation of Political Parties in Long-Lived Democracies; --PARTY REGULATION IN COMPARATIVE PERSPECTIVE: WHY GO BEYOND PARTY-SPECIFIC REGULATION?; --STRATEGIES FOR REGULATING POLITICAL PARTIES IN NINETEEN DEMOCRACIES: AN OVERVIEW THE REGULATION OF LEGAL RECOGNITION AND ITS WITHDRAWALPARTY REGULATION IN THE OPERATION STAGE; --State Funding for Political Parties: A Trade-off between Privileges and Constraints?; --Four Regulatory Approaches to Party Funding: Regulatory Constraints on Funding Recipients or on Parties Generally?; --Permissiveness, Generosity, and Constraints in Party-Finance Regulation; --Ensuring Compliance with Party-Finance Regulation; Legal Inclusiveness and Access to Indirect State Funding: The Regulation of Tax Benefits; --THE DISSOLUTION STAGE: PROVISIONS FOR BANNING PARTIES; CONCLUSION