Am I obliged to vote? A regression discontinuity analysis of compulsory voting with ill-informed voters

Author(s):  
Mathieu Turgeon ◽  
André Blais

Abstract We study the impact of compulsory voting in Brazil, where voting is mandatory from age 18 to 70 and voluntary for those aged 16, 17 and 70+. Using a survey sample of 8008 respondents, we document voter confusion about how the age criterion applies. Some people falsely believe that what matters is one's age in an election year rather than on Election Day. Next, we perform a regression discontinuity (RD) analysis of compulsory voting among young voters with register-based data from six Brazilian elections (2008–2018). We find that the effect of compulsory voting is seriously underestimated if we focus solely on the discontinuities prescribed by the law. Our findings carry important implications for studies adopting the RD design where knowledge of the cutoff is expected of the units of interest (like those about compulsory voting) and confirm that compulsory voting is a strong institutional arrangement that promotes greater electoral participation.

2009 ◽  
Vol 1 (1) ◽  
pp. 97-122 ◽  
Author(s):  
Timothy J. Power

Latin America contains roughly half of the world's countries that use compulsory voting, but this electoral institution has received only limited attention from researchers. This article examines the determinants of voter turnout in the world's largest electorate subject to mandatory voting, that of Brazil. In analyzing data from six national legislative elections held in Brazil between 1986 and 2006, the study finds that the impact of compulsory laws varies across social and economic groups. From a methodological perspective, the article argues that “compulsoriness” of mandatory voting legislation can be modeled by taking into account both exemptions to the law and the relevance of potential sanctions against non-voters. The issue of enforcement must be considered if we are to develop comprehensive models of electoral participation under conditions of compulsory voting.


2013 ◽  
Vol 7 (1) ◽  
pp. 79-99 ◽  
Author(s):  
Daniel Stockemer ◽  
Susan Khazaeli

AbstractHigh voter turnout gives legitimacy to the political system and strengthens the stability of a country. Since voter turnout matters, it is important to determine which factors boost electoral participation. While there is a vast literature on turnout focusing on institutional, socio-economic, and contextual indicators, there appears to be a shortage of scholarship on the relationship between religion and turnout. In our study, we evaluate the impact of the Islamic religion on electoral participation. Drawing on a large dataset that incorporates all legislative elections worldwide from 1970 to 2010 and controlling for compulsory voting, the electoral system type, the decisiveness of the election, the competitiveness of the election, the size of the country, the regime type and development, we find that Muslim-majority countries have lower turnout rates than majority non-Muslim countries. We also find electoral participation to be lower in countries where Islamic tenets are more strongly entrenched in politics.


2019 ◽  
Vol 32 (2) ◽  
pp. 76-85
Author(s):  
Sarah French Russell

Under the First Step Act of 2018, federal prisoners may now petition courts directly for reduction of their sentences, and judges may grant such requests if “extraordinary and compelling reasons” support reduction. Judges are also in the process of imposing reduced sentences in thousands of cases where the First Step Act has retroactively reduced statutory penalties. Not only does the First Step Act offer prisoners new opportunities for sentence reduction, but the law also may change how federal judges understand the impact of their sentencing decisions. Before now, in federal cases, judges rarely had the chance to take a second look at the prison sentences they (or their colleagues) imposed. Encounters between judges and the people they sentenced typically occurred only if a person violated the terms of supervised release after leaving prison. Now, judges can reassess sentence length while someone is still in prison and evaluate whether a reduction in the sentence is warranted. This newfound power allows judges to see their sentencing decisions in a new light and may influence how they conceive of the prison time they impose in future cases.


2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.


Author(s):  
Sarah Dykstra ◽  
Amanda L. Glassman ◽  
Charles Kenny ◽  
Justin Sandefur

Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.


Author(s):  
Julio Baquero Cruz

This book discusses the impact of the difficult situation the European Union is currently going through on some structural elements of its legal order, looking for symptoms of decay, exploring examples of resistance, and assessing its overall state of health. The original choices made by the drafters of the Treaties and by the Court of Justice are put in their proper historical perspective, understanding Union law as a tool of civilization, and explaining its current problems, at least in part, as a consequence of the waning of the initial impetus behind integration. The concrete themes to be explored are the following: primacy, the national resistance to it and constitutional pluralism; the preliminary rulings procedure; Union citizenship, equality, and human dignity; the scope of the Charter and the standard of protection of fundamental rights; and the rigidity and fragmentation of the Union system in connection with the recent occasional use of international law as an alternative to Union law. The book looks at the development of the law throughout the decades, inevitably losing much detail, but hopefully also uncovering structural connections and continuities.


Author(s):  
Daniel B. Kelly

This chapter analyzes how law and economics influences private law and how (new) private law is influencing law and economics. It focuses on three generation or “waves” within law and economics and how they approach private law. In the first generation, many scholars took the law as a starting point and attempted to use economic insights to explain, justify, or reform legal doctrines, institutions, and structures. In the second generation, the “law” at times became secondary, with more focus on theory and less focus on doctrines, institutions, and structures. But this generation also relied increasingly on empirical analysis. In the third generation, which includes scholars in the New Private Law (NPL), there has been a resurgence of interest in the law and legal institutions. To be sure, NPL scholars analyze the law using various approaches, with some more and some less predisposed to economic analysis. However, economic analysis will continue to be a major force on private law, including the New Private Law, for the foreseeable future. The chapter considers three foundational private law areas: property, contracts, and torts. For each area, it discusses the major ideas that economic analysis has contributed to private law, and surveys contributions of the NPL. The chapter also looks at the impact of law and economics on advanced private law areas, such as business associations, trusts and estates, and intellectual property.


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