Corporate Participation in the Democratic Process in the United States and Germany

Abstract

There are many factors that influence political elections, among them, money may be the most important one. The starting point of this Article is the judgment of the U.S. Supreme Court in Citizens United v. Federal Election Commission. After this decision is described, the approaches of the United States and Germany in regulating political speech by campaign finance laws will be discussed, focusing on the role of companies. This Article will outline the status quo of federal American campaign finance laws (Part B). Regarding the German approach, this Article will outline the Parteiengesetz (Political Parties Act, hereinafter: Part G) and decisions of the Bundesverfassungsgericht (Constitutional Court, hereinafter: BVerfG) (Part C). European regulations are not the subject of this Article. Both approaches will be compared and future prospects will be given as a conclusion (Part D).