Andrea Cardone

Preservation of the Vote and Right of Action in Access to Administrative Jurisdiction over Electoral Operations)

  • Abstract

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Keywords:

The work sets out to thoroughly examine the problem of the relation between the effectiveness of the right of voting and right of action in disputes over the voting process in administrative (municipal and provincial) and regional elections. More specifically, it sets out to reconstruct, in light of certain trends in jurisprudence, the difficulties of access to administrative jurisdiction in electoral matters, as well as to propose a reflection able to make clear whether and, if so, to what extent they are compatible with the democratic horizon of contemporary pluralistic systems. The work particularly tries to highlight the existence of some significant barriers to access to litigation in connection with elections and to show why such restrictions on jurisdictional protection, however much they clash with the principle pursuant to Art. 24 of the Constitution, do not appear completely unjustified. From this viewpoint it can therefore be stated in brief that the reflection offered is on the constitutional breadth and foundation of the favor principle for the preservation of the outcomes of elections.

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