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Quality and Equality: Judicial Review of Electoral Laws in Europe |
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Abstract:
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The ideal of electoral equality is contrasted with the prudential reasoning found in twelve opinions of the constitutional courts of Germany, Russia, Ukraine, the Czech Republic and Slovakia regarding the use of formal thresholds to eliminate minor parties. In all twelve cases the courts deferred to the legislative majority's will, and in nine cases provided their own justification of this deviation from equality. My analysis finds that the courts were guided by a conventional but uninformed conception of stability, and that the premises of their opinions are vulnerable to empirical refutation. In this area, the courts could better contribute to the quality of post-totalitarian democracy by acting as more vigilant disruptors of partisan lock-ups of the electoral process. |
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parti (140), court (139), polit (125), elector (96), p (70), threshold (67), equal (59), vol (57), vote (56), pp (53), system (50), law (50), elect (50), constitut (47), would (46), per (44), cent (44), rule (44), govern (40), democraci (40), legislatur (35), |
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Association:
Name: American Political Science Association
URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Williams, Kieran. "Quality and Equality: Judicial Review of Electoral Laws in Europe" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts, Aug 28, 2002 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p65372_index.html> |
APA Citation:
| Williams, K. , 2002-08-28 "Quality and Equality: Judicial Review of Electoral Laws in Europe" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p65372_index.html |
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The ideal of electoral equality is contrasted with the prudential reasoning found in twelve opinions of the constitutional courts of Germany, Russia, Ukraine, the Czech Republic and Slovakia regarding the use of formal thresholds to eliminate minor parties. In all twelve cases the courts deferred to the legislative majority's will, and in nine cases provided their own justification of this deviation from equality. My analysis finds that the courts were guided by a conventional but uninformed conception of stability, and that the premises of their opinions are vulnerable to empirical refutation. In this area, the courts could better contribute to the quality of post-totalitarian democracy by acting as more vigilant disruptors of partisan lock-ups of the electoral process. |
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| Document Type: |
.pdf |
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37 |
| Word count: |
13906 |
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| Quality and Equality: Judicial Review of Electoral Laws in Europe Kieran Williams School of Slavonic and East European Studies University College London Senate House Malet Street London WC1E 7HU United Kingdom k.williams@ssees.ac.uk Work in progress; please do not cite without permission of the author. Prepared for delivery at the 2002 Annual Meeting of the American Political Science Association Boston August 29September 1 2002. Copyright by the American Political Science Association. This paper arises out of a project on `Political |
| consequences of their electoral choices and that alone would be a worthwhile contribution to the quality of democracy. 103 Frowein `Die Rechtsprechung des Bundesverfassungsgerichts zum Wahlrecht' p. 98. Orig.: `Freilich müßte das Gericht dann auch bereit sein die Regelungen wirklich darauf zu durchleuctern ob sie nur diesen Zweck haben oder nicht auch das Bestreben der establierten Parteien darstellen neue Konkurrenz möglichst abzuwehren. Man kann sich nicht des Eindrucks erwehren daß das Gericht hier gelegentlich etwas zu gutgläubig gewesen ist'. |
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