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Recent years have witnessed the rise of a range of authoritarian populist, illiberal, far-right, nativist, and extremist parties. We have seen democratic structures threatened or incrementally dismantled through the subversion of an established democratic party by an outsider or ascendance of the extremist wing of a right-wing party. Parties and party leaders occupying an ill-defined space on the political spectrum today generally present a much greater threat to democratic governance than overtly antidemocratic fringe outfits. The ambiguity of such parties, their growing size, their entry into government, the subversion of “good” democratic parties by a “bad” leadership, and the rise of the “shadow party” mean that contemporary political party threats seriously frustrate the possibility of remedial action afforded by existing public law and policy mechanisms. They also require us to reflect anew on crafting novel remedies and to revisit our assumptions about parties as creatures of central constitutional importance.
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