Enrico Grosso

Reforming Electoral Law by a Judicial Review? An Undue Call for Help to Constitutional Court, Facing the Umpteenth Defeat of Politics

  • Abstract

Informations and abstract

Keywords: Electoral Law; Right to Vote; Constitutional Court; European Court of Human Rights; Political System; Parliament.

Italian electoral law is under judicial review. A political system unfit to propose and deliberate a new voting system is waiting for a judicial decision able to resolve its difficulties. But are we sure that the Constitutional Court will accept to make up for the lake of political decision? The article tries to taste the solidity of different arguments regarding the potential unconstitutionality of the electoral law, and analyses different decisions of Italian Constitutional Court and European Court of Human Rights, which seem to exclude the possibility of a judicial review in the case in point, due to the fact that political bodies enjoy a wide margin of appreciation in imposing conditions on the right to vote. But what happens when those political bodies refuse to wield their power, ore are incapable to do it?

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