Un apunte sobre la jurisprudencia del Tribunal Europeo de Derechos Humanos en materia de sistemas electorales
If in the beginning art. 3-P1 from the European Convention of Human Rights (CEDH) was interpreted as an institutional guarantee of free elections, with the passing of time its elucidation has evolved towards the recognition of the subjective rights of active and passive suffrage. In all, the Europea...
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| Format: | Article |
| Language: | Spanish |
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2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6273218 |
| Source: | Revista de Derecho Electoral, ISSN 1659-2069, Nº. 25, 2018 |
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| Summary: |
If in the beginning art. 3-P1 from the European Convention of Human Rights (CEDH) was interpreted as an institutional guarantee of free elections, with the passing of time its elucidation has evolved towards the recognition of the subjective rights of active and passive suffrage. In all, the European Tribunal of Human Rights (TEDH) has considered in compliance with CEDH any type of electoral system, resorting, for this purpose, to the doctrine of the margin of national appreciation. Thus, in spite of the fact that suffrage is considered one of the pillars of the European electoral heritage, the TEDH has not considered electoral systems that bring about obvious inequalities in the value of the vote of the citizens to be contrary to the Convention. Neither has it declared contrary to CEDH really elevated electoral barriers at a comparative level |
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