There is a lot of news about one party poaching { } an MLA from another party. It appears in a country one political party has a quarrel with another over this matter, according to news reaching us and in fact has gone to the Supreme Court.
But according our past readings on this subject, law is not a solution to this problem.
Historically, parliament took shape at an age before the development of party politics. Even now in most countries, a party wishing to form the government to rule a country or a state is only required to prove that it has the support of the majority of the members of the assembly, council, parliament or whatever. There is no rule that all must belong to a certain party.
Since law upholds individual rights of persons and members, a person or member can belong to any party. It would not be entirely possible to prevent cross- overs. If you are party boss, you can have your own agreement with individual members. In some legislatures, it appears that there are some enactments to prevent such cross-overs but the efficacy of these laws are another matter. It appears also that a party may be able to secure the resignation of such members either by such laws or private agreements in certain jurisdictions.
These will make an interesting study.
If you are interested in doing a PhD in law, this may be good topic for you to make your research. There may be sufficient cases and materials for you. After you are successful, we would be interested in reading your dissertation upon publication just for fun.
