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STABILITY OF ELECTION LAW EFFECTIVE PROCEDURAL GUARANTEES

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Presentation on theme: "STABILITY OF ELECTION LAW EFFECTIVE PROCEDURAL GUARANTEES"— Presentation transcript:

1 STABILITY OF ELECTION LAW EFFECTIVE PROCEDURAL GUARANTEES
FORUM FOR THE FUTURE OF DEMOCRACY BASIC CONDITIONS FUNDAMENTAL RIGHTS STABILITY OF ELECTION LAW EFFECTIVE PROCEDURAL GUARANTEES IMPARTIAL ELECTORAL BODIES Code of Good Practice in Electoral Matters of the Venice Commission (CGP) underlies five basic principles of European electoral heritage. Suffrage must be: universal b) equal c) free d) secret e) direct. Furthermore, elections must be held periodically. WIDEST POSSIBLE OBSERVATION EFFECTIVE SYSTEM OF APPEALS, FINALLY TO COURTS

2 BASIC PRINCIPLES SUFFRAGE HAS TO BE EQUAL ELECTIONS MUST BE HELD FREE
 FORUM FOR THE FUTURE OF DEMOCRACY BASIC PRINCIPLES SUFFRAGE HAS TO BE UNIVERSAL ELECTIONS MUST BE HELD PERIODICALLY! EQUAL FREE SECREET DIRECT The Code stresses that underlying principles can only be guaranteed if certain general conditions are fulfilled. These conditions are: respect for fundamental human rights and particularly freedom of expression, assembly and association; stability of electoral law as a protection against party political manipulation; effective procedural guarantees that includes: impartial electoral bodies, widest possible observation of the elections and effective system of appeals, finally to the courts.

3 MAJORITY/PLURALITY SYSTEM
FORUM FOR THE FUTURE OF DEMOCRACY MAJORITY/PLURALITY SYSTEM ADVANTAGES CLEAR CHOICE BETWEEN POSSIBLE RULING PARTIES STRONG GOVERNMENT, STABLE ONE-PARTY CABINET ENCOURAGEMENT OF MODERATE POLITICAL APPROACH CONCENTRATION OF THE PARTIES – TWO-PARTY SYSTEM PREVENTS FRACTURES OF THE PARTIES DISADVANTAGES MANY VOTES ARE “THROWN AWAY” DISTORTION OF THE ELECTORAL WILL NARROWING OF THE CHOICE Electoral system has in many ways formative effect on the shape of party system. Two main types of electoral systems – majority/plurality and proportional tend to “produce” different types of party systems. Majority/plurality system tend to produce: a) two-party system; b) strong, stable, one-party cabinet. It makes government to emerge as a direct consequence of the will of electorate, rather than post-electoral negotiations among parties. MP makes easier changes of the governments. Two main parties alternate to power in foreseeable interwals. As two main parties cover broad electoral spectrum, system force them to adopt moderate political approach. MP system prevent fractures of the big parties. Small parties have not much chances to win seats in the parliament. Extremism or politics of the “bribe” exercised by small parties are very restricted.

4 PROPORTIONAL SYSTEM DISADVANTAGES ADVANTAGES BROADER REPRESENTATION
FORUM FOR THE FUTURE OF DEMOCRACY PROPORTIONAL SYSTEM ADVANTAGES BROADER REPRESENTATION FACILITATING ELECTIONS OF WOMEN AND MINORITIES NEGOTIATIONS AND COMPROMISES MAGNITUDE OF DISTORTION OF ELECTORAL WILL – NOT HIGH DISADVANTAGES UNSTABLE GOVERNMENTS LOOSE CONNECTION BETWEEN VOTERS AND CANDIDATES DIFFICULT UNSEATING OF UNPOPULAR CANDIDATES HIGHLY CENTRALIZED PARTIES PR system – main features: representation in the parliament of very broad interests existing in the society; prevention from making too artificial majorities in the parliament that don’t reflect real will of the electorate, i.e. prevention magnitude of the distortion of electoral will to be too high; Negotiations and compromises, inclusion of different parties, minority and religious groups to take part in decision-making process; prevention of to sudden and radical political turnovers; easier representation for minorities and women.

5 PRESIDENTIAL/TWO-PARTY
FORUM FOR FUTURE DEMOCRACY FEASIBLE COMBINATIONS ____________________________________________________________________________________________ MULTY PARTY SYSTEM PRESIDENTIAL PARLIAMENTARY TWO PARTY SYSTEM PRESIDENTIAL/TWO-PARTY PАRLIAMENTARY/TWO-PARTY PАRLIAMENTARY/ MULTY-PARTY PRESIDENTIAL/ Not every type of party system functions equally good in different types of government. Two basic types of democratic government – parliamentary and presidential (semi-presidential systems have features of both and those features tend to switch in its “domination”) don’t necessarily fit equally well with two main types of electoral systems. Triad: type of the government – party system – electoral system is very much interconnected. Although, “any electoral system may be chosen” (CGP), it may have very different effects. It is due to a different nature of two types of democracy – parliamentarian and presidential. Government in parliamentary system may exist only if backed by majority in the legislature, while executive power in the presidential systems doesn’t need majority support in the legislative body. Conflict between executive and legislative branch in parliamentary system isn’t actually possible. Ultimately, government may loose majority and new elections resolves the situation. Conflict between two branches is possible in presidential system especially if legislative body is fragmented on many parties or presidential party is not strong one.

6 PRESIDENTIAL/MAJORITY
FORUM FOR THE FUTURE OF DEMOCRACY FEASIBLE COMBINATIONS ____________________________________________________________________________________________ PROPOTIONAL PRESIDENTIAL PARLIAMENTARY MAJORITY PRESIDENTIAL/MAJORITY PАRLIAMENTARY/ PROPORTIONAL PRESIDENTIAL/ One should be careful when decide to opt for the PR system in presidential democracy or semi-presidential system with constitutionally very strong president. As PR system very often tend to create fragmented parliament, it may, due to the given features of presidential system, produce serious tensions or even constitutional dead-lock between legislative and executive. Parliamentary system can “work” successfully with consequences of both electoral systems – MP as well as PR one.


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