Realizing the Right to Vote: The Story of Thornburg v. Gingles

2015 ◽  
Author(s):  
Daniel P. Tokaji
Keyword(s):  
Right To Vote ◽  
The Right

THE CONCEPT OF CONSTITUTIONAL AND LEGAL GUARANTEES OF ELECTORAL RIGHTS

2020 ◽  
Vol 10 (4) ◽  
pp. 85-90
Author(s):  
VLADIMIR TROYAN ◽  
Keyword(s):  
Scientific Research ◽  
Formal Aspect ◽  
Universal Approach ◽  
Right To Vote ◽  
Definition Of ◽  
The Right

The relevance of the interpretation of constitutional and legal guarantees of the right to vote is mediated by isolated scientific research in this area, as well as the lack of a universal approach to legal guarantees. In this regard, the purpose of the article is to argue and disclose the author’s definitive aspect of the claimed guarantees. In the work, the author named and characterized the normative (based exclusively on legal means) with the perspective of a branch of legal and technical; regulatory and institutional (combines the formal aspect with the activities of authorized entities) and associated legal (including a set of legal and other aspects) approaches to the definition of legal guarantees. Based on the second approach, as well as combining the guarantees of the right to vote directly guarantees of the subjective right itself and guarantees of its implementation, the author offers a definition of constitutional and legal guarantees of the right to vote.

The Value of the Right to Vote

2016 ◽  
Author(s):  
Stephan Tontrup ◽  
Rebecca Morton
Keyword(s):  
Right To Vote ◽  
The Right

Criminal Convictions, Incarceration, and the Right to Vote in South Carolina

2018 ◽  
Author(s):  
Elizabeth G. Patterson ◽  
Julia Bradshaw ◽  
Chelsea Evans ◽  
Ryan Nash ◽  
William Neinast ◽  
...  
Keyword(s):  
South Carolina ◽  
Criminal Convictions ◽  
Right To Vote ◽  
The Right

Comparative Views on the Right to Vote in International Law

2018 ◽  
Author(s):  
Shai Dothan
Keyword(s):  
Human Rights ◽  
International Law ◽  
National Courts ◽  
European Court ◽  
Right To Vote ◽  
The Right ◽  
Democratic Elections ◽  
The Way

There is a consensus about the existence of an international right to vote in democratic elections. Yet states disagree about the limits of this right when it comes to the case of prisoners’ disenfranchisement. Some states allow all prisoners to vote, some disenfranchise all prisoners, and others allow only some prisoners to vote. This chapter argues that national courts view the international right to vote in three fundamentally different ways: some view it as an inalienable right that cannot be taken away, some view it merely as a privilege that doesn’t belong to the citizens, and others view it as a revocable right that can be taken away under certain conditions. The differences in the way states conceive the right to vote imply that attempts by the European Court of Human Rights to follow the policies of the majority of European states by using the Emerging Consensus doctrine are problematic.

Censors and Public Lands: The Failure of Governance of a Common?

Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Davide Bresolin Zoppelli
Keyword(s):  
Public Lands ◽  
Law And Society ◽  
Dark Side ◽  
Social Instability ◽  
Worldwide Population ◽  
The Social ◽  
Right To Vote ◽  
The Right

Abstract Nowadays, a small part of the worldwide population, under the aegis of property on some commons, can find a way to increase their riches, intensifying the conflicts inside the society and damaging the environment. This is the “dark side” of globalization: through this phenomenon, humans economically and socially united most of our planet, simultaneously emphasizing the fragmentation that lies under this apparent unification. This conflict, however, is not between law and society, but it is inside the latter, where the only possible way to bridge the gap seems – mostly – to be through philanthropy. This work wants to find a possible enlightenment through the study of the regulation of the roman’s lands (ager publicus), which were granted under a payment: thus, they were subjected to revocation. This rule was strengthened for the most fruitful lands through the recognition of a supervisory power in the hands of the censors, census officers and controllers of the citizen’s morality, whose decadence was sanctioned with the loss of the right to vote. It was them who could decide to whom give these lands in lease through a public auction, never considering – through a direct sanction as revocation – the ethics of the winners, thus allowing to increase their assets and consequentially the social instability.

Legal Pluralism, Human Rights and the Right to Vote: The Case of the Noken System in Papua

2021 ◽  
Vol 22 (2) ◽  
pp. 255-286
Author(s):  
Ignatius Yordan Nugraha
Keyword(s):  
Human Rights ◽  
Local Population ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Right To Vote ◽  
The Right ◽  
Legal Pluralist

Abstract The goal of this article is to explore the clash between international human rights law and a legal pluralist framework in the case of the noken system and also to investigate potential solutions to the clash. Elections in Indonesia are generally founded on the principle of direct, universal, free, secret, honest and fair voting. There is a notable exception in the Province of Papua, where tribes in the Central Mountains area are following the noken system. Under this system, votes are allocated to the candidate(s) based on the decision of the big man or the consensus of the tribe. The Indonesian Constitutional Court has accepted this practice as reflecting the customs of the local population. However, this form of voting seems to be contrary to the right to vote under international human rights law, since article 25(b) of the International Covenant on Civil and Political Rights stipulates that elections shall be held genuinely by universal suffrage and secret ballot to guarantee the free will of the electors. Consequently, the case of the noken system in Papua reflects an uneasy clash between a legal pluralist approach and universal human rights.

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