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Democracy Distorted

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 (ISBN-13: 9780521700177)

Democracy Distorted
Cambridge University Press
9780521876650 - Democracy Distorted - Wealth, Influence and Democratic Politics - By Jacob Rowbottom
Index

Index

abuse of power by politicians 63

access

rights of 73, 75–76, 151, 158

and mass media 201–2, 205–8

and public spaces 157–59

statutory 163–64

in the United States 150

to politicians via Internet 218

accountability 31

and elected representatives 13

Internet and 237

of the mass media 174

advertising 177–78

and mass media 181–83

on the Internet 228, 234, 238–40

political 45–46, 70, 202–5

Advertising Standards Authority (ASA) 239

agenda-setting 22–24

All Party Groups (APGs) 97–98

Appleby v. UK 154–55, 157, 161, 168

Ashcroft, Lord 118, 121

assemblies 143

right to 145, 152

association

right of 75, 120

Aston Cantlow v. Wallbank 161–62

astroturfing 93, 143, 219, 238, 239

audience

of mass media 184–85, 187

voting for content on Internet 237

Austin v. Michigan State Chamber of Commerce 82

autonomy

of citizens 41–42

of journalists 185, 194–95

of listeners 57–59

Baker, C. Edwin 41, 186–87

Baldwin 171

Ballot Act 1872 113

Bartels, Larry 2

BBC (British Broadcasting Corporation) 199, 200, 206, 211

Bearwood Corporate Services 118, 121

Benkler, Yochai 232

Berlusconi, Silvio 26, 180

BIDs (Business Improvement Districts) 151–54

Bill of Rights Article 9 84

Bingham of Cornhill, Lord 45–46

Black, Hugo la Fayette 162

Blair, Tony 173

blogs 218, 230–32

and journalists 237

Blumler, Jay G. 235

Bowman v. United Kingdom 35, 59, 60, 120

Brady, H. 4

bribery 67, 83

See also corruption

broadband providers tax 235

See also Internet

broadcast media 129, 188, 190

BBC (British Broadcasting Corporation) 199, 200, 206, 211

BSkyB 190, 212

Channel 4 206

Fox News 212

impartiality of 208–10

ITV 199

public service and 205

subsidies for 199

BSkyB 190, 212

Buckley v. Valeo 52

Burger, Chief Justice 166

business 3–4, 31

and aggregative democracy 16

donations by 140

and mass media 4–5


Business Improvement Districts (BIDs) 151–54

buying votes 67, 83

Canada

Harrison v. Carswell 160

lobbying laws 106–7, 109

Supreme Court 149, 150

Canary Wharf 156

canvassers 113

cash for access 80, 85

cash for favours 80

cash for questions affair 79

censorship 33, 37, 43, 63

buffer zones 167

private 74, 225

Channel 4 206

Chassagnou v. France 169

cheap speech 146, 157, 216

CIN Properties v. Rawlins 155

circularity 5

citizens

autonomy of 41–42

and elected representatives 12–13

and elite competitive democracy 13–14

freedom of expression 47–48, 51

juries 103

and political equality 12

and political participation 42

role of 8

civil servants 100–1

Code of Practice for ministers 100

Cohen, Joshua 19

Coleman, Stephen 235

collaborative journalism 236–37

collective justifications for expression rights 44

Comment is Free 231

Committee on Standards in Public Life 106, 116

common law right of access to land 159–61

Communications Committee (House of Lords) 192

compelled expression 74

Competition Commission 191

competition laws 190–94

conflict of interest 87, 124

Conservative Party

donations to 118, 122

election spending 116

Constitutional Affairs Committee 121

constitutional democrats 7

consultations 103–4, 218

Cooper v. Slade 86

core public authorities 161

Corrupt and Illegal Practices Act 1883 113–15

Corrupt Practices Act of 1854 113

corruption 80–84, 245

definition of 81–84

Corrupt and Illegal Practices Act 1883 113–15

Corrupt Practices Act of 1854 113

and political donations 67, 85–87

laws on 84–87, 113–17

and Members of Parliament 94–95

of voters 114–15

Curran, James 176

Daily Beast 231

Daily Express 192

Daily Mirror 185, 185

Dean, Howard 220

debate

and the Internet 222–23

televised 48

deliberative democracy theory 13, 20–21, 49

democracy

and mass media 173–77

process of 21–24

theories of 7–8, 13, 63

aggregative 14–17

deliberative 13, 20–21

economic 63–64

elite 13–14

deregulation of the mass media 189

Desmond, Richard 192

digital technologies

See Internet

disclosure 67–68

and lobbyists 104–05, 107–9

by officials 105

distribution of wealth 29, 30

diverse media ownership 186–89

donations 69, 247

corrupt 67, 85–87

disclosure of 67–68

funding the 234–35

laws controlling political 6

limits on 68–69, 127–28, 140–41

and political equality 124–27

and political favours 121–24

and state funding of political parties 133

as support for a party 125, 126

to political campaigns 63, 121–28

in the United States 4

and voting 126

Dorsen, N. 150

Doyle, G. 189

DPP v. Jones 156

Dryzek, J. 18

Ecclestone, Bernie 116

economic model of democracy 63–64

economic resources 12

ecosystem of blogosphere 231

editorialising 211

education 5

egalitarian pluralism 16

egalitarian politics 30–31, 52

and state intervention 62–67

elected representatives

accountability of 13

and citizens 12–13

See also Members of Parliament

election material on the Internet 239–40

elections

and deliberative democracy 19

and freedom of expression 59–61

spending on 33, 36, 59, 115–21, 128

Electoral Commission 121, 122, 129, 133

elite competitive democracy 13–14, 63

email 218

Enterprise Act 2002 192

e-petitions 218

equal opportunity to influence 9–10, 16, 18, 28, 43, 82, 112, 247

and political spending 42

equality 18, 51

in democracy 1

political 1–2

equality of ideas 49–51

equality of influence 8–9

Estlund, David 53

European Commission and lobbying 108

European Convention on Human Rights (ECHR) 34–35

and common law right of access 161

and freedom of expression 38–39, 44, 66, 120

on access to publicly owned land 151

and property rights 167–69

on right to assembly 148

European Court of Human Rights (ECtHR)

Appleby v. UK 34, 154–55

Bowmen v. UK 35, 59, 120

Chassagnou v. France 169

and freedom of expression 34, 35, 38, 40, 44, 54

and mass media 174

on election spending 33

and political advertising 202–03

and right of assembly 145

and right to access land 155

and the right to vote 21

TV Vest As and Rogaland Pensjonistparti v. Norway 202, 204

VgT Verein gegen Tierfabriken v. Switzerland 202

exclude from property

right to 147, 148, 149, 154, 155, 157, 159–61

executive 100–2

experts chosen to disseminate information 27

expression, freedom of

equality of ideas 49–51

positive obligations 37–39

See freedom of expression

face-to-face contact 143, 218

fair value of liberty 38

favours 121–24

formal political equality 10, 63

forums for communication 73–76

Fox News 212

free speech

See freedom of expression

freedom of association 120

freedom of expression 33, 40

and citizen equality 47–48

and common law access rights 161

donations and 128

‘drowning out’ 55, 56, 57, 58

elections 59–61

European Convention on Human Rights (ECHR) on 34–35, 38–39, 66, 120

European Court of Human Rights (ECtHR) 34, 35, 38, 40

and forums for communication 73–76

justifications for 39–41

and listener autonomy 57–59

and lobbying 109–10

and the marketplace of ideas 44–47

and mass media 174, 201, 210–14

and political equality 35–36

and political participation 43

and property rights 155

and quantity of expression 52–53

in the residential setting 166–67

and rights of access 163–64

and rights of owner 165–66

and search engines 226

and spending 36–37, 58–59, 120–21

and the speaker 41–43

and the state 37–39, 64–66

and United States 34, 52, 121, 149

See also compelled expression

Freedom of Information Act 68, 105, 108, 173

funding for online media 233–35

funding for political parties 112, 141–42

distribution of 131–32

institutional donations 136–41

and the Internet 219–22

and the mass media 172

responsiveness 135–36

state 128–35

See also donations

gatekeepers of the Internet 223–28

general right of access 158

Germany 200

Getty, John Paul 121

gifts 101

Goldsmith, James 135

Goodin, Robert 19

Google News 226

Gora, J. 150

grassroots lobbying 88, 93, 109

Gray, Kevin and Susan Francis 160

Gray, S. 160

groups 29–30, 218–19

Guardian 231

Gutman, A. 7

Habermas, Jurgen 19–20

Hale of Richmond, Baroness 35, 46

Harrison v. Carswell 160

Hayden Phillips Review 121, 129

highways 159

Hindman, Matthew 229

Holmes, Oliver Wendell, Jr. 39

home 166–67

hospitality 101

House of Commons Constitutional Affairs Committee 121

House of Commons Privileges and Standards Committee 98

See also Members of Parliament

House of Commons Public Administration Committee 108

House of Lords

Communications Committee 192

judicial decisions

Aston Cantlow v. Wallbank 162

DPP v. Jones 147, 156, 160

R (Animal Defenders International) v. Secretary of State for Culture Media and Sport 35, 45–46, 128

loans for peerages affair 112, 122

and lobbying 79, 99

Lords Privileges Committee 99

on public rights of way 147

and political advertising 203

and staff of 97

Hudgens v. NLRB 162

Huffington Post 231, 232

Human Rights Act 1998 (HRA) 34, 35, 161

and public authority 152–53, 161–63

and rights to assembly 148

hybrid public authorities 161–62

and private landowners 162

hydraulicist critique of party funding laws 6

ID cards 49–50

ideas, equality of 18, 49

impartiality 211–12

of the mass media 208–10, 213–14

Independent Advisor on Ministers’ Interests 100

influence

buying of 121–24

equal opportunity to 9–10

equality of 8–9

and mass media 171

sources of 9–10, 24–30

Ingber, Stanley 45

in-house lobbyists 89

institutional funding for political parties 136–41

interest-group pluralism 15–17

interference by the state 41

Internet 103, 216–17, 246

and accountability 237

financing online media 233–35

and funding for political parties 219–22

gatekeepers of the 223–28

and lobbying 217–19

and mass media 212, 228

and political debate 222–23

regulation of 240–44

and speakers 228–33

Irvine of Lairg, Lord 156

Italy 26, 200

ITV 199

James, Sir Henry 113–14

journalists 186

autonomy of 185, 194–95

and blogs 237

collaborating on media content 236–37

influence by media 177–78

See also newspapers

judicial review proceedings 101–2

justifications for freedom of expression 39–41, 42, 44

Kymlicka, Will 30

Labour Party 137

and trade unions 137–40

Laidlaw, Lord 121

Lamer, Chief Justice 149

landowners

private 149

Laskin, Bora 160

Lebedev, Alexander 184

L’Heureux-Dubé, Claire 150

Lindblom, Charles 3, 4–5

listener autonomy 57–59

Liverpool One 156

Lloyd v. Tanner 162

loans for peerages affair 112, 122

lobbygate 79, 106

lobbying 4, 78–80, 87–89, 106–7, 245, 247

and ethical boundaries 90–93

and freedom of expression 109–10

and Internet 217–19

lobbygate 79, 106

lobbyists 88, 89–90

and mass media 173, 192

and Members of Parliament 94–100

See also lobbying firms, lobbyists

lobbying firms 89, 90, 97, 98

register 106

lobbyists 88, 89–90

disclosure 104–5, 107–9

and House of Lords 99

and ministers 100

and Parliament 94–102

regulation of 105–10

and transparency of the state 102–05

and undue pressure on ministers 101–2

See also lobbying

Logan Valley 162

London Evening Standard 184

loopholes 76, 122, 246

mail 129

Manin, Bernard 26

market pressures 181–83

and media owners 183–86

marketplace of ideas 40, 44–47, 52

Marsh v. Alabama 167, 162

Marshall, Justice 82

Maruste, Judge 155

mass media 47, 171–73, 214–16, 246

accountability of 174

and advertising 177–78, 181–83

and agenda-setting 23

audience of 184–85

and business 4–5

and democracy 20, 23, 173–77

and experts chosen to disseminate information 27

and freedom of expression 65, 201, 210–14

and funding for political parties 172

impartiality of the 208–10, 211–12

influence of 171

and the Internet 228

Italian 26

and lobbying 173, 192

mergers in 190–94

newspapers 72

owned by the state 199–201, 211

owners of 186–94

20/20 rule 190

controlling 186–94

and political advertising 45–46, 202–5

public service broadcasters 206–7

and rights of access 201–2

subsidies for 196–99

subsidised access to 205–8

television 48

public service broadcasters 70

See also broadcast media, newspapers

McIntosh of Haringey, Lord 191


McNair J 115

media owners

controlling 186–94

and market pressures 183–86

Meiklejohn, Alexander 44, 45, 49, 51, 110, 175

Members of Parliament 68

and the Internet 218

and lobbying 94–100

outside employment of 96

outside interests of 95–98

staff of 96–97

mergers in mass media 190–94

micro-payments 235

Mill, John Stuart 39

mini-publics 18

ministers

Code of Practice for 100

and disclosure 105

Independent Adviser on Ministers’ Interests 100

and Members of Parliament 100

Mittal, Lakshmi 121

Monopolies and Mergers Commission 192

Murdoch, Rupert 173, 187, 190, 192, 195, 212, 227

MySpace 227

Neill Report 116–17, 121, 133

net neutrality 223

New Jersey 162–63

New Jersey Coalition Against the War 163

newspapers 72, 212

Daily Express 192

Daily Mirror 185

Guardian 231

impartiality of 213–14

and Internet 217

London Evening Standard 184

Observer 180

and political advertising 203

subsidised access to 207

Sunday Times 192

Times, The 184, 192

Wall Street Journal 195

non-electoral political activities 8

non-electoral spending 118–20

non-residential property 167

norms of office corruption 81

Norway 198, 202

Obama, Barack 220

Observer 180

Ofcom 191, 192, 209, 235

officials

disclosure 105

See also Members of Parliament

one person, one vote 21

outside employment of Members of Parliament 96

outside interests of Members of Parliament 95–98

Parliament

and lobbyists 94–102

unofficial committees 97–98

See also Members of Parliament

partisan media 175–76

perception of corruption 87

persuasiveness 9, 27

Phillips, Anne 12

Philp, Mark 82

pluralism 25, 88, 243

interest-group 15–17

pluralist media 175–76

polarised media 175–76, 177, 189, 200, 211

police 145

and public spaces 145, 146

See also private security

political advertising 70, 202–5

political debate and the Internet 222–23

political equality 1–2, 7–11, 30–31

and donations 124–27

and citizens 12

formal 10

and freedom of expression 35–36

substantive 10–11

political expression 40–41, 59–61

political participation 42, 65–66, 73, 144

accessibility to 102–4

and elite competitive democracy 14

and European Convention on Human Rights (ECHR) 34

and freedom of expression 40, 43

and socio-economic backgrounds 4, 5

Political Parties, Elections and Referendums Act 2000 (PPERA) 117–18, 121, 122

political resources 4, 24

politicians

self-interest of 63

socio-economic backgrounds and decisions 3

See also Members of Parliament, ministers

Post, Robert 42, 50–51

Poulson, John 79, 80

Press Complaints Commission 194

pressure groups 88–89

Prevention of Corruption Act 1906 84

pre-voting stage 22, 23

privacy

and disclosure of donations 68

non-residential property 167

and the home 166–67

private censorship 74

private management of public spaces 151–54

private property

owners of 162

and public spaces 154–57

and rights of access 159

rights of owner and 164

private security 152, 153

Privileges and Standards Committee (House of Commons) 98

procedural democrats 7

progressive vouchers 53–55

property rights 66

and European Convention on Human Rights (ECHR) 167–69

and right of access 167–69

Public Administration Committee (UK) 108

public authority

and Human Rights Act 1998 (HRA) 152–53

and rights of access 161–63

Public Bodies Corrupt Practices Act 1889 84

public forum doctrine 149

public forums 73

doctrine of 149

public interest approach to corruption 81–82

public interest test for media mergers 191–94

public opinion 4–5

Public Order Act 1986 145

public relations online 238

Public Service Broadcasters (PSBs) 70, 205, 206–07, 211, 212–13

public service media 176

Internet as 37–39

public spaces 143–44, 169–70, 245

and police 145, 146

and private land 154–57

private management of 151–54

and right of access 157–59, 163–64

subsidies and 144–46, 169

Putnam, Lord 191

quantity of expression 69

and freedom of expression 52–53

quasi-public property 162

quasi public spaces 154, 159

R (Brehony) v. Chief Constable of Greater Manchester Police 146

Rawls, John 45–46, 37–38

redistribution of wealth 5

Reed, Justice 167

Referendum Party 135

Register of Members’ Financial Interest (House of Commons) 68, 97, 98

reply

right of 207–08

rights of access 73, 75–76, 151, 158

common law 159–61

and European Court of Human Rights (ECtHR) 155

and the mass media 201–2

and property owners 165–66

and property rights 167–69

and public authority 161–63

and public spaces 157–59, 163–64

statutory 163–64

in the United States 150

rights of owner 164, 165–66

rights of reply 207–8

rights of way 159

public 147

rights to assemble 247

rights to exclude 148, 149, 155, 157, 159–61

and public land 154

Rogaland Pensjonistparti v. Norway 202, 204

Sadurski, Wojciech 9

Sainsbury, Lord 121

Scanlon, Thomas 57, 58

Schlozman, K. 4

search engines 224–27, 229–30

self-interest of politicians 63

shopping centres 154–56, 160, 163

social networking sites 227–28

socio-economic backgrounds

and decisions of politicians 3

and participation in politics 4, 5

spare time 24–25


speakers 169

and freedom of expression 41–43

on the Internet 228–33, 243

and subsidies for 37

speech, freedom of

See freedom of expression

spending

disclosure 67–68

election 33, 36, 59, 112, 115–21

and freedom of expression 36–37, 56, 58–59, 120–21

limits on 68–70, 128, 245

Corrupt and Illegal Practices Act 1883 113–14

and freedom of expression 120–21

Political Parties, Elections and Referendums Act 2000 (PPERA) 117–18

non-electoral 118–20

progressive vouchers 53–55

staff of Members of Parliament 96–97

state

forums owned by the 73–74

and freedom of expression 37–39, 64–66

funding for political parties 128–35

intervention by the 62–67

mass media owned by 199–201, 211

property owned by the 147–51

and subsidies

for the Internet 235

for political parties 70–73

for speakers 37

transparency 102–5

state law (United States) 162–63

state-owned property 149–51

Steyn, Lord 40

Straw, Jack 130

structural biases 3–4

subsidies

for speakers 37

from the state 37, 70–73

and mass media 196–99, 205–8

and public spaces 144–46

substantive political equality 10–11, 17, 20, 203

and deliberative democracy 18

and pluralism 16–17

Sunday Times 192

Sunstein, Cass 34, 216

super-rich 3, 127–28, 135, 247

Supreme Court of the United States 52, 162

Austin v. Michigan State Chamber of Commerce 82

Buckley v. Valeo 52

Hudgens v. NLRB 162

Lloyd v. Tanner 162

Logan Valley 162

Marsh v. Alabama 162

on editorialising in the media 211

television 48, 65

theories of democracy 7–8, 13

Thompson, D. 7

Thompson, John 175

Times, The 184, 192

trade unions 137

and Labour Party 137–40

transparency

in donations 122–24

in lobbying 92–93

of the state

and lobbying 102–5

trespass 159

Tronoh Mines decision 115

trust and the Internet 229

United States

Business Improvement Districts (BIDs) 152

election spending 33

and freedom of expression 34, 121

giving money to political campaigns 4

Internet campaigning 219–21

lobbying laws 107, 108, 109

and newspaper industry 197

right of access 150

and privately owned public spaces 162–63

and state-owned property 149–51

Verba, S. 4

VGT Verein gegen Tierfabriken v. Switzerland 202

Volokh, Eugene 216

voting/votes 8

and aggregative theory of democracy 14–15

Ballot Act 1872 113

buying 67, 83

and Corrupt and Illegal Practices Act 1883 113–15

and deliberative democracy 18

democratic process of 21–22

and donations 126

and elite competitive democracy 13–14

one person, one vote 21

pre-voting stage 22, 23

voucher schemes 134–35

Walker of Worcester, Baron (Peter Edward Walker) 41

Wall Street Journal 195

Walzer, M. 27

Weinstein, James 42–43

Wikipedia 236–37

Wilentz, Robert 163




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