Study information

The Legal Regulation of Civil Society

Module titleThe Legal Regulation of Civil Society
Module codePOL2108
Academic year2020/1
Credits15
Module staff

Professor Nicole Bolleyer (Convenor)

Duration: Term123
Duration: Weeks

11

Module description

The legal regulation of civil society organizations tends be contentious in long-lived democracies, often portrayed as an illegitimate intrusion in a sphere that ought to be “private” and “autonomous”. The reality, however, is that civil society organizations operate in a ‘sea of law’ (Edelman and Suchman 1997) ranging from charity and tax law, over lobbying regulations to campaign and third party regulation. This module will introduce you to the comparative, cross-national analysis of legal regulation adopted by long-lived democracies affecting the formation, the operation and the dissolution of central types of civil society organizations such as political parties, interest groups, charities and non-profits.

Prerequisites: Introduction to Comparative Politics (POL1029) OR Introduction to Public Policy (POL1044).

Module aims - intentions of the module

This module has three main goals: first, to introduce you to the diversity of legal regulation currently applicable to central civil society organizations such as political parties, interest groups, charities and non-profits in long-lived democracies. Second, to familiarizes you with the analytical tools to systematically compare, analyze and evaluate different types of legal regulation that long-lived democracies apply to civil society organizations. Third, to introduce you to the analysis of factors (e.g. the influence of legal family, democratic history or welfare state traditions) (dis)incentivizing different democracies to adopte a constraining or permissive approach in different areas of civil society regulation.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

  • 1. Understand the different ways civil society organizations are legally regulated in long-lived democracies
  • 2. Recognize the drivers for different modes of legal regulation in different country settings and evaluate critically the different types of regulation applicable to civil society organizations

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

  • 3. Think critically, analyse debates and present coherent arguments on civil society regulation in politics, comparative law and sociology
  • 4. Apply theories in comparative politics and public policy to real-life developments in different country settings

ILO: Personal and key skills

On successfully completing the module you will be able to...

  • 5. Effectively communicate (orally and/or in writing) complex topics in a coherent and well structured manner
  • 6. Conduct independent research and exercise critical reasoning in weighing academic arguments
  • 7. Demonstrate the ability to work independently, within a limited time frame, and without access to external sources, to complete a specified task.

Syllabus plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:

  1. How to systematically analyze legal regulation of civil society organizations cross-nationally and over time.
  2. Patterns of civil society regulation applicable to organizations such as political parties, interest groups and charities in long-lived democracies.
  3. Drivers of civil society regulation in long-lived democracies.

Learning activities and teaching methods (given in hours of study time)

Scheduled Learning and Teaching ActivitiesGuided independent studyPlacement / study abroad
221280

Details of learning activities and teaching methods

CategoryHours of study timeDescription
Scheduled Learning and teaching activity22Weekly 2 hour seminars over 11 weeks
Guided Independent study78Reading and seminar preparation
Guided Independent study50Course work preparation and writing

Formative assessment

Form of assessmentSize of the assessment (eg length / duration)ILOs assessedFeedback method
Essay outline500 words1-6Written and oral

Summative assessment (% of credit)

CourseworkWritten examsPractical exams
404020

Details of summative assessment

Form of assessment% of creditSize of the assessment (eg length / duration)ILOs assessedFeedback method
Class presentation (in groups)2030 minutes1-6Peer-feedback moderated by convenor and written feedback by convenor
Essay401200 words1-6Written
Examination401 hour1-7Written

Details of re-assessment (where required by referral or deferral)

Original form of assessmentForm of re-assessmentILOs re-assessedTimescale for re-assessment
Class presentation (in groups)Detailed presentation outline (up to 3 pages) and viva (20 minutes)1-6Term 3
EssayEssay (1200 words)1-6August/September reassessment period
ExaminationExamination (1 hour)1-7August/September reassessment period

Indicative learning resources - Basic reading

Biezen I van (2012) Constitutionalizing Party Democracy: The Constitutive Codification of Political Parties in Post-War Europe, British Journal of Political Science 42(1): 187-212.

Bolleyer, N (2018) The State and Civil Society: Regulating Interest Groups, Parties, and Public Benefit Organizations in Contemporary Democracies, Oxford: Oxford University Press.

Edelman LB and Suchman MC (1997) The Legal Environments of Organizations, Annual Review of Sociology 23: 479-515.

Garton J (2009) The Regulation of Organised Civil Society. London: Hart Publishing.

Holman C and Luneburg W (2012) Lobbying and Transparency: A Comparative Analysis of Regulatory Reform, Interest Groups and Advocacy 1 (1): 75-104.

O’Halloran K (2011) The Politics of Charity. London: Routledge.

Indicative learning resources - Web based and electronic resources

This module has online resources available via ELE (the Exeter Learning Environment).

Key words search

Legal regulation, civil society organiztions, legal reform, comparative analysis

Credit value15
Module ECTS

7.5

Module pre-requisites

Introduction to Comparative Politics (POL1029)

OR

Introduction to Public Policy (POL1044)

Module co-requisites

None

NQF level (module)

5

Available as distance learning?

No

Origin date

14/01/2019

Last revision date

14/01/2019