Constitutionalising the Party

This paper argues that democratic constitutions should seek to achieve three distinct, and sometimes conflicting, objectives in relation to political parties:
i. Support political parties to function as efficient intermediaries between the state and its people (the ‘party support principle’);
ii. Ensure a separation of the ruling party and the state (the ‘party-state separation principle’); and
iii. Discourage political parties from operating as factions (the ‘anti-faction principle’).

The paper further maps a range of design possibilities that might aid constitutions in pursuing these objectives.

Professor Khaitan will also be speaking on the Separation of Powers at Jesus College on 21 October. Details for this event are available here: