Naslov
Relativization Of Electoral Right Equality Principle

Autori
Palić, Mato

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Economic and Social Development: 22nd International Scientific Conference on Economic and Social Development "The Legal Challenges of Modern World" / Radić, Željko ; Rončević, Ante ; Yongqiang, Li - Varaždin : VADEA, 2016, 298-306

Skup
22nd International Scientific Conference on Economic and Social Development "The Legal Challenges of Modern World"

Mjesto i datum
Split, Hrvatska, 29.06.2017. - 30.06.2017

Vrsta sudjelovanja
Ostalo

Vrsta recenzije
Recenziran

Ključne riječi
constitutional court ; electoral right equality ; electoral system ; rule of law

Sažetak
The constitutional principle of electoral right equality emanates from the general legal principle of equality as an integral element of the rule of law concept. The rule of law represents the basic and the highest constitutional principle of modern democratic states. A coherent and fair implementation of the electoral right equality principle provides for the respect of a heterogeneous electorate structure in elections and an almost equal possibility to participate in political decision-making. The aforementioned facts represent a constitutional barrier to the political parties’ monopoly ; nonetheless, the electoral systems’ most detailed normative regulation degree proceeds at the level of legislative norming, and such a decision type necessitates a considerably lesser consensus degree and parliament legitimacy. That enables a smaller number of larger parliamentary political parties to influence election outcomes while directly but very refinedly regulating certain electoral system’s elements. In a violation of electoral right equality principle, constituency size, election threshold, a vote-tomandate calculation formula and malapportionment exert an especially important influence. The adduced elements interfere in such a way that they potentiate the votes of larger and stronger political parties. In that sense, we may say that that the Constitution is being altered materially, without modifying the formal Constitution in the process of single constitutional principle implementation. The electoral right equality de iure ceases to be so de facto. We are of an opinion that the aforementioned statements can be empirically verified on the example of the Republic of Croatia, as well as on the example of a series of other countries. A comparative research of the adduced problematic might verify the explicated theses. A possible solution to the adduced problems lies in the constitutionalization of certain type of electoral system and its constituent elements. This prevents a facilitated alteration and stabilizes both the electoral and the constitutional system as a whole. Additionally, a very significant role herein is played by constitutional courts as the guardians of Constitution and the guarantors of protection of basic political rights. A comparative survey of these courts’ practice, as well as that of the supranational European ones, may provide for a more complex insight into the realization of basic constitutional principles with regard to transparency and electoral system’s equity.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA