Political party finance law is the set of norms governing the income and expenses of political parties. While many countries have addressed political party finance constitutionally, such provisions are usually phrased in general terms, such as requirements of transparency, leaving the details to law and to the regulations promulgated by enforcement agencies. Legal reforms to political party finance systems are not a panacea; but when written and implemented well, the legal framework can help address significant challenges that face political party systems. Political party finance law can be divided into five basic design areas: the provision of public funds to parties and campaigns; limits on party income; limits on party spending; disclosure of party finances to the public; and enforcement of political party finance laws. These five key areas are intersected by cross-cutting themes, which must be considered throughout: whether party finance rules operate on an ongoing basis, on an electoral campaign basis, or both; whether party finance rules operate at the national, regional and local levels of party organization, or only at some of these; the role of actors who are not parties or candidates; the use of state resources by parties in power; and the importance of incentivizing compliance with party finance rules. This report applies comparative and academic research on political party finance law to the Middle East and North Africa (MENA) region, with a focus on Egypt, Libya and Tunisia as post-authoritarian states that are currently engaged in comprehensive reform of their political institutions and are utilizing examples from other newer and more established democracies.
The first parliamentary elections that followed the Egyptian Revolution witnessed an unprecedented success for Islamists as they secured an overwhelming majority of seats in parliament, suggesting that they may intend to amend many laws to bring parliament into compliance with Islamic Shari’a. This article addresses legal challenges that will face the new majority if they decide to Islamize laws and regulations related to business and finance. Particularly, the article discusses Islamic money theory, trade, banking systems, consumer protection, insurance, competition, and tax systems. The article analyzes Egyptian business and finance laws to examine whether they comply with Islamic law. It then proceeds to explain the alternative Islamic principles that may replace several current rules. The article concludes that while some changes are foreseeable, there can be no expectation of radical change in the near future. Although the authors come to this conclusion, they analyze the legal issues without judging, supporting, or opposing the imposition of Islamic law.
