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Floor Crossing and Nascent Democracies: A Neglected Aspect of Electoral Systems? The Current South African Debate in the Light of the Indian Experience

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Abstract:

Despite the vast literature on constitutional engineering for nascent
democracies in changing societies covering almost all aspects of
electoral systems as potentially beneficial for or detrimental to
democratic consolidation and/or regime stability, the question whether
floor crossing should be allowed or anti-defection regulations should be
imposed has attracted less than overwhelming scholarly attention. A
comparison between India, which had started her democratic career with
no constitutional provision to prohibit floor crossing and had
introduced an anti-defection law in 1985 ruling out individual
defections but still permitting en bloc defections, and South Africa,
where an initial anti-defection clause had been gradually undermined in
the course of 2002 to the point that floor crossing is now possible at
all three legislative levels within specified time frames, can thus be a
telling exploration as to a) what the Indian experience may hold as a
lesson for the current debate in South Africa, and b) as to what extent
the difference in the two respective electoral systems (a simple
plurality constituency system in India and a closed list proportional
representation system in South Africa) proscribes a different approach
to the debate of floor crossing vs. anti-defection laws anyway.

Most Common Document Word Stems:

parti (255), defect (190), system (175), floor (111), cross (110), elector (107), polit (105), anti (96), legisl (95), anti-defect (86), elect (70), south (69), constitut (66), africa (64), india (58), nation (50), anc (47), level (45), would (43), one (43), domin (42),

Author's Keywords:

Anti-Defection legislation, Electoral Law, Democratic Consolidation, Defections
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Association:
Name: American Political Science Association
URL:
http://www.apsanet.org


Citation:
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MLA Citation:

Spiess, Clemens. and Pehl, Malte. "Floor Crossing and Nascent Democracies: A Neglected Aspect of Electoral Systems? The Current South African Debate in the Light of the Indian Experience" Paper presented at the annual meeting of the American Political Science Association, Philadelphia Marriott Hotel, Philadelphia, PA, Aug 27, 2003 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p63477_index.html>

APA Citation:

Spiess, C. and Pehl, M. , 2003-08-27 "Floor Crossing and Nascent Democracies: A Neglected Aspect of Electoral Systems? The Current South African Debate in the Light of the Indian Experience" Paper presented at the annual meeting of the American Political Science Association, Philadelphia Marriott Hotel, Philadelphia, PA Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p63477_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Despite the vast literature on constitutional engineering for nascent
democracies in changing societies covering almost all aspects of
electoral systems as potentially beneficial for or detrimental to
democratic consolidation and/or regime stability, the question whether
floor crossing should be allowed or anti-defection regulations should be
imposed has attracted less than overwhelming scholarly attention. A
comparison between India, which had started her democratic career with
no constitutional provision to prohibit floor crossing and had
introduced an anti-defection law in 1985 ruling out individual
defections but still permitting en bloc defections, and South Africa,
where an initial anti-defection clause had been gradually undermined in
the course of 2002 to the point that floor crossing is now possible at
all three legislative levels within specified time frames, can thus be a
telling exploration as to a) what the Indian experience may hold as a
lesson for the current debate in South Africa, and b) as to what extent
the difference in the two respective electoral systems (a simple
plurality constituency system in India and a closed list proportional
representation system in South Africa) proscribes a different approach
to the debate of floor crossing vs. anti-defection laws anyway.

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Associated Document Available American Political Science Association
Associated Document Available Political Research Online

Document Type: .pdf
Page count: 35
Word count: 14761
Text sample:
Floor Crossing and Nascent Democracies – a Neglected Aspect of Electoral Systems? The Current South African Debate in the Light of the Indian Experience by Clemens Spieß Lecturer South Asia Institute Department of Political Science University of Heidelberg sclemens@sai.uni-heidelberg.de and Malte Pehl Research Assistant South Asia Institute Department of Political Science University of Heidelberg mpehl@sai.uni-heidelberg.de Prepared for delivery at the 2003 Annual Meeting of the American Political Science Association August 27 - August 31 2003. Copyright by the American
Assembly on 8 May 1996) Act 108 of 1996. Republic of South Africa. 2002a. The Constitution of the Republic of South Africa Amendment Act (Act 18 of 2002). Republic of South Africa. 2002b. The Local Government: Municipal Structures Amendment Act 20 of 2002. Republic of South Africa. 2002c. The Constitution of the Republic of South Africa Second Amendment Act (Act 21 of 2002). Republic of South Africa. 2002d. The Loss or Retention of Membership of National and Provincial Legislatures


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