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Despite a steady erosion of the major parties' share of the vote in Australia, minor parties have been unable to attract more than 15 per cent of the vote. Employing a variation of Katz and Mair's cartel party thesis, this paper argues that the major parties have an advantage in defining and limiting power sharing arrangements and setting and reacting to the policy agenda. They can act together to deny a third-party oxygen, or can deflect criticism of controversial policies onto the third party. A critical appraisal of seven cases of government formation involving the Australian Greens and Australian Democrats, along with two case studies of legislative negotiation shows that the electoral backlash is often borne by the minor parties. [ABSTRACT FROM PUBLISHER]

This paper presents a comparative analysis of the extent to which party law influences the internal organisation of parties in four Commonwealth common law states: Australia, Canada, New Zealand and the United Kingdom. The research engages with recent comparative party literature that emphasises the increasingly close relationship between political parties and the state, in particular the cartel party thesis. My findings indicate that over the last few decades parties have become subject to greater legal regulation, which supports the claim that parties are now managed more closely by the state. However, it is important to distinguish between legislative and common law (judicial) regulation, as each has a different impact on the organisational autonomy of the cartel party. I argue that parties (as autonomous actors and the authors of parliamentary decrees) have been able to shape legislative regulation to their advantage by eliciting significant financial support from the state, yet minimising the corresponding degree of legislative intrusion into their internal activities. However, cartel parties have not been able to prevent judicial scrutiny of their internal workings, and have lost a significant degree of organisational independence as principles of administrative law (usually reserved for state bodies) are being increasingly applied to their structure and behaviour. [ABSTRACT FROM AUTHOR]