{"title":"候选人诉政党:初选投票准入法的宪法限制","authors":"N. Persily","doi":"10.7916/D8PN9G3B","DOIUrl":null,"url":null,"abstract":"peculiarities uncertainties in primary ballot access cases, constitutionality in the abstract. The position of the primary in the overall electoral scheme, the type of office for which the primary is nominating candidates, and the nature of the state or party interests used to justify the law will all bear on whether a given set of rules violates voter or candidate rights. Because the current case law is hampered by uncomfortable analogies to general election ballot access cases or other party autonomy or freedom of association cases, much work remains to be done in constructing a coherent jurisprudence of primary ballot access. Although several of the ideas expressed in this Article must be tagged thought experiments given the treacherous directions toward which they might lead, I hope they provide a starting point for such a discussion.","PeriodicalId":47702,"journal":{"name":"Georgetown Law Journal","volume":"10 1","pages":"2181-2225"},"PeriodicalIF":1.8000,"publicationDate":"2001-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"10","resultStr":"{\"title\":\"Candidates v. Parties: The Constitutional Constraints on Primary Ballot Access Laws\",\"authors\":\"N. Persily\",\"doi\":\"10.7916/D8PN9G3B\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"peculiarities uncertainties in primary ballot access cases, constitutionality in the abstract. The position of the primary in the overall electoral scheme, the type of office for which the primary is nominating candidates, and the nature of the state or party interests used to justify the law will all bear on whether a given set of rules violates voter or candidate rights. Because the current case law is hampered by uncomfortable analogies to general election ballot access cases or other party autonomy or freedom of association cases, much work remains to be done in constructing a coherent jurisprudence of primary ballot access. Although several of the ideas expressed in this Article must be tagged thought experiments given the treacherous directions toward which they might lead, I hope they provide a starting point for such a discussion.\",\"PeriodicalId\":47702,\"journal\":{\"name\":\"Georgetown Law Journal\",\"volume\":\"10 1\",\"pages\":\"2181-2225\"},\"PeriodicalIF\":1.8000,\"publicationDate\":\"2001-07-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"10\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Georgetown Law Journal\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.7916/D8PN9G3B\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Georgetown Law Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.7916/D8PN9G3B","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Candidates v. Parties: The Constitutional Constraints on Primary Ballot Access Laws
peculiarities uncertainties in primary ballot access cases, constitutionality in the abstract. The position of the primary in the overall electoral scheme, the type of office for which the primary is nominating candidates, and the nature of the state or party interests used to justify the law will all bear on whether a given set of rules violates voter or candidate rights. Because the current case law is hampered by uncomfortable analogies to general election ballot access cases or other party autonomy or freedom of association cases, much work remains to be done in constructing a coherent jurisprudence of primary ballot access. Although several of the ideas expressed in this Article must be tagged thought experiments given the treacherous directions toward which they might lead, I hope they provide a starting point for such a discussion.
期刊介绍:
The Georgetown Law Journal is headquartered at Georgetown University Law Center in Washington, D.C. and has since its inception published more than 500 issues, as well as the widely-used Annual Review of Criminal Procedure (ARCP). The Journal is currently, and always has been, run by law students.