Public Responsibilities for Electoral Fraud Beyond Correlative Rights and Duties

(2015) 31(81) Utrecht Journal of International and European Law 17

UNSW Law Research Paper No. 2015-57

16 Pages Posted: 18 Sep 2015

See all articles by Leon Trakman

Leon Trakman

University of New South Wales (UNSW) - Faculty of Law

Date Written: September 17, 2015

Abstract

This article develops the notion that a government has a public responsibility to prevent electoral fraud in a way that extends beyond the protections conferred by an electorate’s directly correlative right to voting freedom. Focusing on electoral freedom and voter fraud in electoral systems, it presents theoretical arguments for holding governments responsible arising from the incomplete or unclear nature of juristic rights, powers, and duties. It holds that such public responsibilities are functionally necessary, in the interests of a truly inclusive participatory democracy. The article uses illustrations of fair elections globally, and in the United States in particular, including the divided 2014 US Supreme Court decision, US v. Texas, in which the majority denied the right to vote to prisoners and parolees who are disproportionately represented by ethnic minorities.

Keywords: electoral fraud, electoral freedom, fraud, juristic rights, public responsibility, participatory democracy, US, Supreme Court, US v Texas

Suggested Citation

Trakman, Leon, Public Responsibilities for Electoral Fraud Beyond Correlative Rights and Duties (September 17, 2015). (2015) 31(81) Utrecht Journal of International and European Law 17, UNSW Law Research Paper No. 2015-57, Available at SSRN: https://ssrn.com/abstract=2661840

Leon Trakman (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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