Legal Power and the Right to Vote: Does the Right to Vote Confer Power?

2017 ◽  
Vol 30 (1) ◽  
pp. 5-22
Author(s):  
Ludvig Beckman
Keyword(s):  
Political Power ◽  
Causal Effect ◽  
Voting Rights ◽  
Legal Analysis ◽  
Electoral Outcomes ◽  
Legal Power ◽  
The People ◽  
Legal Effect ◽  
Right To Vote ◽  
The Right

It is widely believed that voting rights confer power to individual voters as well as to the collective body of the electorate. This paper evaluates this notion on the basis of two conceptions of political power: the causal view, according to which power equals the ability to exert causal effect, and the legal view, according to which power equals the legal ability to produce legal effect. The proposition defended is that causal conceptions of power are unable to account for the view that voting rights confer power to either individuals or collectives. In particular, the theory according to which the powers conferred by the vote equal the probability of being decisive or “pivotal” in elections does not justify the ascription of power to voters. It does not because the probability of being influential is not a valid interpretation of power as the capacity to mobilize sufficient causal effect to determine an outcome. In addition, causal conceptions of power are unable to recognize the people as the unique owner of political power. The powers exercised by the members of the electorate appear to be just one among several causes that contribute to determine electoral outcomes. In the end, the legal analysis of power proves superior. Power in a democracy is placed with the people as a legal category vested with the legal capacity to revise the legal relationship between individuals and the state.

scholarly journals Who are "the people" in the German Constitution? A critique of , and contribution to , the debate about the right of foreigners to vote in multilevel democracies

2020 ◽  
Vol 24 ◽  
Author(s):  
Jelena Bäumler
Keyword(s):  
South Africa ◽  
Voting Rights ◽  
Constitutional Court ◽  
Federal States ◽  
The People ◽  
German Constitution ◽  
Multi Level ◽  
Multiple Levels ◽  
Right To Vote ◽  
The Right

ABSTRACT Democracy means power to the people, but it is not always clear who belongs to "the people". The question has become pertinent in the age of migration where large groups of foreigners permanently reside outside their countries of nationality. The economic, cultural, and political integration of these foreigners is one of the pressing problems faced by democratic States in both the developed and developing worlds. One question is : whether resident non-citizens should be granted the right to vote. The answer to this question depends on who belongs to "the people". In federal and quasi-federal States with multiple levels of government the further question arises : whether "the people" is a homogenous concept that applies uniformly across all levels of government. This article contributes to the debate about the right of foreigners to vote in democratic States with multiple levels of government, such as, South Africa and Kenya. It does so by discussing the German response to the problems mentioned above. The dominant view of the German Federal Constitutional Court since the 1990s has been that "the people" only includes "German citizens" , and that attempts by lower levels of government to extend the right to vote to foreigners from Africa and elsewhere are unconstitutional. In this article I explore and critique this conventional view. I then present a positive case for the extension of voting rights to resident non-citizens under the German Constitution. Many of the arguments would apply with equal force to the debate about the right to vote of foreigners in African multi-level democracies, such as, South Africa and Kenya. Keywords: Denizenship, Citizenship, Voting rights, Nationality law, Multi-level government, The people, Foreigners, Residents, Affected persons principle, Democracy.

scholarly journals Uptake and knowledge of voting rights by adult in-patients during the 2010 UK general election

2012 ◽  
Vol 36 (4) ◽  
pp. 126-130 ◽  
Author(s):  
James McIntyre ◽  
Masum Khwaja ◽  
Venkata Yelamanchili ◽  
Sobia Naz ◽  
Maria Clarke
Keyword(s):  
General Population ◽  
Voting Rights ◽  
General Election ◽  
Clinical Implications ◽  
Psychological Barriers ◽  
Registration Process ◽  
Written Information ◽  
Right To Vote ◽  
The Right ◽  
Information Barrier

Aims and methodThis study explores knowledge and uptake of the voting rights of adult in-patients in the 2010 UK general election. A clinician-completed survey was used.ResultsEligible to vote psychiatric adult in-patients were half as likely to register as the general population and half as likely to vote if registered. Nine out of ten of those unregistered cited a lack of knowledge of their eligibility to vote or of the registration process. Long-stay patients were particularly disenfranchised.Clinical implicationsMany patients and staff remain unaware of the new rules which have given a greater proportion of in-patients the right to vote and have simplified the registration and voting processes. This information barrier may be addressed in future elections by providing timely written information to both patients and staff. Once registered, patients may need further support to overcome practical and psychological barriers, and cast their vote.

Diasporas, Extraterritorial Representation, and the Right to Vote

2015 ◽  
Vol 52 ◽  
pp. 185-221
Author(s):  
FRÉDÉRIC MÉGRET ◽  
RAPHAËL GIRARD
Keyword(s):  
Voting Rights ◽  
Foreign Nationals ◽  
National Assembly ◽  
Territorial Sovereignty ◽  
Main Effect ◽  
Right To Vote ◽  
The Right ◽  
Domestic Affairs

AbstractThis article argues that Canada’s policy of refusing extraterritorial electoral constituencies within its borders does not protect its territorial sovereignty or add any protection against foreign interference in its domestic affairs. Rather, its main effect is to alienate thousands of dual or foreign nationals residing in Canada by preventing them from being directly represented in their home state’s national assembly or legislature and, in some cases, from exercising their only voting rights.

scholarly journals Participación de personas con discapacidad en la vida política. Un análisis de contenido de la literatura reciente (1997-2019)

2021 ◽  
pp. 154-177
Author(s):  
Andrés Mauricio Guzmán Rincón ◽  
Adriana Caballero Pérez
Keyword(s):  
Political Participation ◽  
Voting Rights ◽  
Social Practices ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Persons With Disabilities ◽  
Academic Literature ◽  
Literature Reviews ◽  
Right To Vote ◽  
The Right

The right of persons with disabilities to vote is well-codified in international human rights law. Disability scholars, however, argue that persons with disabilities are frequently denied the right to vote. What are the recurrent concepts used by disability scholars to discuss this issue? From a content literature review, four main concepts are regularly used by authors to elaborate on voting rights in the context of disability: “political participation,” “barriers,” “electoral practices” that support or constraint the full and effective exercise of the right to vote, and “electoral-assistive devices” as technology solutions to assist voters with disabilities. Discussing all these concepts is uncommon in other literature reviews. Findings illustrate that an abundance of publications focuses on political participation of persons with intellectual or mental impairments. Such publications tend to concentrate only on statutory barriers. Less prevalent is academic literature regarding persons with other impairments, as well as procedural barriers. Even more sparse are publications elaborating on social practices. Similarly, assistive technology is not often discussed as a tool for the facilitation of the right to vote of persons with disabilities.

scholarly journals Kajian Yuridis Tentang Kesadaran Warga Negara Untuk Menggunakan Hak Pilih Dalam Melaksanakan Demokrasi Pada Pemilihan Kepala Daerah

2021 ◽  
Vol 7 (1) ◽  
pp. 280
Author(s):  
Muzayanah Muzayanah
Keyword(s):  
Secondary Data ◽  
Voting Rights ◽  
State Institutions ◽  
Leadership Management ◽  
Library Research ◽  
The People ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Regional Leaders

The Republic of Indonesia is a state based on the rule of law in implementing state administration based on Pancasila and the 1945 Constitution. The administration of government with a democratic system in which the highest sovereignty is in the hands of the people and in its implementation the people elect a leader to run the government. To determine the regional leader / regional head must be carried out through regional head elections. Regional head elections are intended to continue the government which has ended its term of office. Therefore, regional head elections must be held simultaneously throughout the territory of the Republic of Indonesia. The holding of regional head elections is a big job and is the responsibility of all parties, including all citizens of the Republic of Indonesia, so that the implementation of regional head elections runs well. The regional head elections in question have been held and are the result of the hard work of various relevant state institutions that have carried out their duties and responsibilities, in this case the General Election Commission (KPU) which has held regional head elections simultaneously throughout the territory of the Unitary State of the Republic of Indonesia (NKRI). ). The 1945 Constitution of the Republic of Indonesia regulates the voting rights of citizens to participate and actively participate in determining regional leaders / regional heads who will lead in their respective territories. Citizens have the right to vote to vote at regional head elections. This is of course an awareness and responsibility as citizens so that regional leaders / regional heads are elected who are able to organize government and create prosperity and justice based on the values contained in the principles of Pancasila. The problem in this research is how a juridical study of the awareness of citizens to use their voting rights in implementing democracy in regional head elections?This research is a normative juridical research with the Library Research research method. The data collection method uses secondary data in the form of primary legal materials and secondary and tertiary legal materials. The population in this study is a random population of residents / community of Pengkol hamlet, Mangunsari village, Gunung pati District, Semarang City. The results of the research show that people in this region as citizens of the Republic of Indonesia have the awareness and responsibility to exercise their voting rights in the implementation of regional head elections, especially the election for Mayor and Deputy Mayor of Semarang on December 9, 2020. Regional head elections in this region have been going well and in a conducive situation even though it was held during the Covid-19 pandemic. It is hoped that the holding of this regional head election will produce regional leaders who have reliable and quality leadership management and are able to bring the community to realize social justice for all Indonesian people.

scholarly journals The Effects of Judical Bodies’ Interpretation Forms Of Legal Rules in Turkey on the Education Freedom in Universities

2018 ◽  
Vol 2 (1) ◽  
pp. 46
Author(s):  
Yavuz GÜLOGLU
Keyword(s):  
Constitutional Law ◽  
Political Power ◽  
Natural Extension ◽  
Freedom Of Conscience ◽  
Legal Rules ◽  
The People ◽  
Freedom Of Belief ◽  
Turkish Constitution ◽  
Administrative Jurisdiction ◽  
The Right

The freedom of conscience and belief can be defined as the freedom of people in what they wish to believe without the compulsion of political power and other people by means of laws and other means. The belief of religion that can be accepted as the natural extension of the freedom of conscience and belief is to be free in doing the requirements of the religion that the people believe in with its rituals. While it is not possible and effective to make restrictions in freedom of belief, today, there are some restrictions in some judical systems in freedom of worship. With the principle of secularism which is settled among the principles that the alteration of which are not even be proposed, there have been some different decisions about the administrative acts that cause the violation of belief and worship freedom in the implementation of the right of education which is secured with Constitutional Law in Turkish Constitution. In this study, the effects of the incompatible decisions of administrative jurisdiction about the implementations of the administration related to the education right of students at universities, which is secured by the Fundemental Law, on the freedom of education, especially for the last ten years, will be examined.

scholarly journals Towards Substantive Democracy In Indonesia: A Viewpoint

2020 ◽  
Vol 4 (2) ◽  
pp. 881-886
Author(s):  
I Made Gede Ray Misno
Keyword(s):  
Political Power ◽  
The Political ◽  
Political Rights ◽  
Political Position ◽  
Right To Vote ◽  
The Right

Democracy is the most appropriate choice for our nation in carrying out the life of the nation and state. With democracy, the political rights of every citizen are guaranteed to be the same. Every citizen has the right to vote and be elected into political power, in contrast to monarchies where hereditary law applies. Because all citizens have the same rights and obligations in politics, democracy can only work effectively if these political positions are filled or held by people who have good qualifications, competences, and morals, so that they are able to represent people. who have given him the confidence to occupy a given political position with the aim of mutual welfare, as stated in the Preamble to the 1945 Constitution.

scholarly journals Women's Suffrage in the Austrian Half of the Habsburg Monarchy 1848–1918

2021 ◽  
Vol 1 (1/2020) ◽  
pp. 141-164
Author(s):  
Marie Therese Mundsperger
Keyword(s):  
19Th Century ◽  
Women's Movement ◽  
Voting Rights ◽  
Habsburg Monarchy ◽  
High Courts ◽  
Long Time ◽  
Right To Vote ◽  
Tax Payments ◽  
The Right ◽  
The 19Th Century

Although it is largely unknown, women had some voting rights in the 19th century in the Habsburg monarchy, especially the right to vote in the municipality and on the provincial level. Suffrage at that time was based on the two pillars of property and education rather than gender. It was undisputed for a long time that women could get the right to vote due to their tax payments. The fact that women could also be included into the ‘intelligence’ electoral class was controversial, as shown by some decisions by the Austrian high courts. It was only towards the end of the 19th century that the gender criterion began to prevail in election regulations and women were increasingly excluded from the right to vote, which led to the emergence of the Austrian women’s movement. The monarchy fell in 1918 and the granting of universal women’s voting rights was finally embodied in the proclamation of the Austrian republic on 12 November 1918.

Sign in / Sign up

Export Citation Format

Share Document