Judicial review and electoral law in a global perspective / edited by Cristina Fasone, Edmondo Mostacci, Graziella Romeo.

Oxford : Hart Publishing, 2024.

1st edition

202181

Election law.

Judicial review.

Constitutional courts.

Courts of last resort.

Representative government and representation.

1. Introduction

Part I: Theoretical and methodological issues

2. Democracy and elections

3. The moral wrong in partisan gerrymandering - a review

Part II: The European context

4. Electoral challenges and the doctrine of parliamentary sovereignty

5. Judicial review of representative democracy: The French demographic perspective

6. Proportional representation and electoral equality in Germany constitutional thinking and case law

7. The Italian Constitutional Court and electoral law: After the landmark judgments no 1 of 2014 and no 35 of 2017

8. Electoral legislation in the Visegrád countries. A limited judicial activism in a constitution-making dominated subject

9. The Court of Justice and the European Court of Human Rights on electoral matters: Towards a procedural conception of representative democracy?

Part III: Beyond Europe

10. Judicial review and presidential elections in Africa

11. Electoral constitutional justice as the tool to protect Mexican democracy

12. Electoral justice and the Supreme Federal Court in Brazilian democracy

13. Election law, judicial review, and Canadian democracy

14. Challenging political equality in electoral legislation: The case of the US Supreme Court

15. Judicial review, electoral laws and democracy in India

16. The Japanese Supreme Court and the equality of the vote: A careful activism

17. Judicial review and elections in Australia

18. Electoral law, courts, and constitutional law: A complex relationship.

This book fills a gap in constitutional law by examining the global trend towards the substantive constitutional adjudication of electoral legislation. It explores the premises on which this judicial scrutiny is grounded, seeks to explain the trend, and examines its consequences for representative democracy. The book offers a comparative analysis of the issue, investigating how the exchange of models and arguments among judges has catalysed the progressive departure from a traditionally deferential approach to electoral norms-an approach that still persists in a few jurisdictions. To accomplish this, the book delves into the democratic foundations of electoral systems and their evolution. It also explores the methodological choices that constitutional judges face when dealing with electoral legislation. This groundwork sets the stage for an in-depth review of case law in more than fifteen legal systems spanning North and South America, Africa, Asia, Oceania, and Europe. The objective is to identify the underlying concept of democracy that courts aim to promote. The authors critically discuss the varying ideas of democracy evident in each jurisdiction, including the use of constitutional borrowing, and they analyse the effects of judgments on the relationship between courts, representative institutions, and voters. Given its global scope, the combination of theoretical and practical approaches, and the comprehensive comparative assessment it provides, this work is of interest to academics in the fields of law, political science, and philosophy. It is also relevant for policymakers and judges in constitutional democracies across continents. - Publisher's website.

Includes bibliographical references and index.

9781509957880

xv, 369 pages : illustrations ; 24 cm