Passing Electoral Laws

Abstract

Electoral laws play a crucial role in maintaining and safeguarding democracy by ensuring fair representation and enabling the rotation of power. However, these laws are often designed and implemented by politicians who may prioritize their own interests over democratic principles. To prevent the manipulation of electoral processes and the subversion of democracy, this article proposes two key reforms: higher approval requirements for passing electoral laws and a heightened role for courts in overseeing these laws.

First, the article argues that electoral laws should be designated as organic laws or placed in a separate category requiring qualified majorities or other stringent (and, at times, creative) approval procedures. This would necessitate negotiation and compromise among diverse political actors, reducing the likelihood of unilateral changes that benefit the ruling coalition at the expense of other parties and the democratic process.

Second, the article suggests that courts should play a more active role in ensuring that electoral issues are passed with the appropriate level of scrutiny and that these laws do not hinder political participation or discriminate against minorities. Courts could apply strict standards of review and require elected branches to justify the necessity and democratic compatibility of electoral laws.

While acknowledging the limitations of these proposals, the article maintains that they would strengthen democratic safeguards and reduce the frequency of electoral manipulation. The article concludes by highlighting the need for further research on the design of independent election commissions to ensure the integrity of the electoral process.

Keywords: Election Law, Judicial Review, Democracy, Gerrymandering, Voter Supression