英國法制對政黨自治與運作之規範

Political Party Autonomy under the Party Law in the United Kingdom

國家對於政黨在政策上採取鼓勵和支持發展的態度，法律上幾無任何規範，但國家亦可能於法律上就政黨的設立條件、組織、人事、財務，甚至是選舉候選人的遴選程序，訂定詳細的規範且積極地加以適用。根據本文的分析，英國的法制原則上走在中間的道路上，採取的主要是政黨自主原則。之所以如此，係因無論站在哪一個極端的位置，皆會遭遇各種的不利益。就20年來的實際情況而言，2000年政黨法雖未將英國法院於司法實務上所建立的政黨自主原則，轉化為法律條文，但亦未對此一原則加諸任何的限制，實際上可謂國會肯定了此一原則於英國政黨法制的效力。總體而言，2000年政黨法得以提升政黨於政治上的領導效能，強化政黨於內部財務上的管理和稽核成果，同時對於政黨的意識形態和黨內所強調的原則，仍採取尊重的態度。 The state might sometimes take an encouraging and supportive stance relating to its policies towards political parties. In this regard, the state may have only a few legal rules governing their operation. Conversely, the state might sometimes choose to enact and enforce detailed legal rules regarding the conditions for establishing a party, as well as rules concerning party structure, financial management, appointment of party leaders, and even selection of election candidates. The analysis of this article indicates that the United Kingdom does not stand at either extreme. Rather, the UK has adopted the principle of party autonomy, as going with either extreme would presumably lead to numerous disadvantages. Although the UK Parliament did not incorporate the principle of party autonomy into political parties over the last 18 years, the Parliament did not set any limitation on the principles of the Elections and Referendums Act 2000 either. Generally, the 2000 Act has enhanced the effectiveness of the leadership of political parties by improving their management and internal auditing. Meanwhile, the 2000 Act shows respect for the ideologies and key principles emphasised by the parties.

The state might sometimes take an encouraging and supportive stance relating to its policies towards political parties. In this regard, the state may have only a few legal rules governing their operation. Conversely, the state might sometimes choose to enact and enforce detailed legal rules regarding the conditions for establishing a party, as well as rules concerning party structure, financial management, appointment of party leaders, and even selection of election candidates. The analysis of this article indicates that the United Kingdom does not stand at either extreme. Rather, the UK has adopted the principle of party autonomy, as going with either extreme would presumably lead to numerous disadvantages. Although the UK Parliament did not incorporate the principle of party autonomy into political parties over the last 18 years, the Parliament did not set any limitation on the principles of the Elections and Referendums Act 2000 either. Generally, the 2000 Act has enhanced the effectiveness of the leadership of political parties by improving their management and internal auditing. Meanwhile, the 2000 Act shows respect for the ideologies and key principles emphasised by the parties.