Election Law and Democratic Theory

by David Schultz

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.

295 pages, Kindle Edition

First published December 1, 2013

About the author

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David Schultz is a professor in the School of Business at Hamline University and a senior fellow and professor in the Institute of Law and Politics at the University Of Minnesota School of Law. He is the author of over 25 books and 70 plus articles, including The Encyclopedia of the United States Constitution (2008) and The Encyclopedia of the Supreme Court (2005). David is a past vice-president of both the Texas and Minnesota chapters of the American Civil Liberties Union.