Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Voter Equality & Other Canadian Values: Finding The Right Balance, Sujit Choudhry, Matthew Mendelsohn
Voter Equality & Other Canadian Values: Finding The Right Balance, Sujit Choudhry, Matthew Mendelsohn
Sujit Choudhry
Representation by population (rep-by-pop) was one of the principal forces behind the creation of Canada and is a key pillar of democracy. The principle that all votes have equal weight reflects the democratic norm that all citizens should have an equal say in who will be elected, who will raise issues in Parliament and who will have the right to use the legitimate power of the state to make decisions on our behalf. Although some deviations from the norm of voter equality are acceptable, they should be grounded in principles that are widely accepted and viewed as legitimate. Canada’s federal …
Political Moralism And Restrictions To Fundamental Rights, Carlos Luiz Strapazzon
Political Moralism And Restrictions To Fundamental Rights, Carlos Luiz Strapazzon
Carlos Luiz Strapazzon
Brazil has approved an Election Law known as "clean record" or "clean political career" Act (LC 135, 04/06/2010). This Act establishes ineligibility cases designed to prevent public administration against non ethical practices. It raises several constitutional troubles because it restricts basic civil rights of citizens not yet definitively condemned by the Courts as well as it has entered into force without respecting the minimum period required by art. 16 of the Constitution. Moreover, it does not respect the non-retroactivy rule, since it interferes with political rights of citizens from two years before its entry into force. There is, as seen, …
Роль Решений Конституционного Суда Российской Федерации В Развитии Институтов Избирательного Права, Leonid G. Berlyavskiy, Nickolay Taraban
Роль Решений Конституционного Суда Российской Федерации В Развитии Институтов Избирательного Права, Leonid G. Berlyavskiy, Nickolay Taraban
Leonid G. Berlyavskiy
Сonstitutional Court of the Russian Federation though is not directly judical body under the permission of the electoral disputes, makes essential impact on the electoral process by adjustment of "game rules" on the electoral field, the constitutional estimation of existing clauses of the suffrage. Constitutional Court of the Russian Federation during its activity influences on the process of lawmaking in the field of the suffrage both on federal, and on regional levels