Deliberation and Electoral Law

Election Law Journal, 12 4: 421-434, 2013

Posted: 20 Jun 2015

See all articles by Graeme D. Orr

Graeme D. Orr

The University of Queensland - T.C. Beirne School of Law

Date Written: 2013

Abstract

Electoral systems inevitably help form the landscape of political deliberation. This article examines the election-deliberation relationship by considering both the nature of elections and key elements in their regulation. It argues that the open-textured nature of elections challenges the possibility of structured deliberation, but that the franchise and periodicity of elections set up the basis for ongoing, citizen-centered discourse. The article then surveys Anglo-American democracies to consider the deliberative impacts of different regulatory approaches. It concludes that although deliberative concerns have been sublimated compared to the late 19th century model of electoral law, deliberative values are a necessary adjunct to the liberal-rights and realist approaches to electoral design.

JEL Classification: K00

Suggested Citation

Orr, Graeme, Deliberation and Electoral Law (2013). Election Law Journal, 12 4: 421-434, 2013, Available at SSRN: https://ssrn.com/abstract=2620483

Graeme Orr (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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