¿El voto directo como derecho humano?: el caso de las elecciones presidenciales de los Estados Unidos de América

It analyzes whether direct voting can be considered a human right. To do this, it presents a review of international tools with the aid of criteria of the corresponding international bodies and specialized doctrine. It states that the universal instruments established the requirement of equal voting...

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Bibliographic Details
Main Author: Herrera Castro, Sebastián
Format: Article
Language:Spanish
Published: 2021
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8166653
Source:Revista de Derecho Electoral, ISSN 1659-2069, Nº. 32, 2021
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Summary: It analyzes whether direct voting can be considered a human right. To do this, it presents a review of international tools with the aid of criteria of the corresponding international bodies and specialized doctrine. It states that the universal instruments established the requirement of equal voting, which could not be fully met with indirect elections. In this regard, it concludes that direct voting in the suffrage to elect the head of government is a human right and that it can be satisfied even in parliamentary regimes if that head of government is elected as a member of parliament and appointed by the same representative body, to which it is also responsible. It specifically studies the system of presidential elections in the United States of America, from which it is concluded that the Electoral College prevents equal voting and direct voting, and it is therefore necessary to adjust the system to contemporary human rights standards, in order to ensure that the popular vote is the one that determines the head of government, since it is a political system in which the presidency has strong powers and a high share of political power