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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Electoral Courts

Elena Bindi, Giammaria Milani

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 12 November 2024

Subject(s):
Electoral courts — Electoral districts — Electoral systems — Right to vote — Right to participate in elections

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 The holding of free and fair elections represents a necessary, although not sufficient, element of the Constitutional State. In order to guarantee the fairness of the electoral procedure, it is appropriate to establish—especially in contexts of unconsolidated democracy—independent bodies that ensure the correct conduct of the elections, as well as the possibility for independent actors to supervise the electoral procedure (European Commission for Democracy Through Law 26). 2 In Western constitutionalism, and in particular in Europe, the idea of an independent...
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